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    Congressional Research Service
~   Informir g he I gislative debate sir ce 1914


Updated July 11, 2019


U.S. Trade Debates: Select Disputes and Actions


Introduction
Since 2017, the United States and some of its major trading
partners have engaged in a contentious war of words over
trade-one  that tipped over into action in February 2018,
mostly in the form of increased tariffs. The tariffs imposed
by the Trump Administration, combined with retaliatory
measures adopted by other countries, are reportedly having
noticeable effects on trade flows and U.S. firms. Although
the scale and scope of these recent unilateral U.S. tariff
increases are unprecedented in modern times, tensions and
irritants in international trade relations are not uncommon.
Over the last 100 years, the United States has been involved
in a number of trade disputes. According to the World
Trade Organization (WTO),  as of July 2019, the United
States is currently involved in 278 active trade disputes
being addressed in the WTO dispute settlement system-
either as complainant or as a respondent. Most disputes are
settled, or when unresolved, are contained or defused
through bilateral and multilateral negotiations. From the
early 20th century until this year, only one resulted in a
worldwide  tit-for-tat escalation of tariffs: the trade dispute
ignited by the U.S. Smoot-Hawley Tariff Act of 1930.
       WITH WHOM DOES THE UNITED STATES HAVE TRADE DISPUTES?




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              4B11          Total number of cases as
                            complainant and respondent
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               U Ad Stts Brght by the Unted State

Source: CRS with data from the World Trade Organization (July 10, 2019).
Addressing U.S. Trade Disputes
The United States has used unilateral measures and has
engaged with trading partners in bilateral and multilateral
fora to address trade-related concerns. U.S. federal statutes
provide for trade remedy measures to address potential
adverse effects (i.e., material injury or threat thereof) on
domestic industry of unfair foreign trade practices, such
as antidumping (AD) and countervailing duties (CVD), or
to reduce the flow of fairly-traded imports that threaten to
impair U.S. national security or cause serious injury or
threat thereof (safeguard measures). In addition, the United
States has conducted bilateral discussions with many of its
trading partners to manage frictions over discrete issues and
achieve expanded market access for U.S. firms. More often,
however, the United States has resorted to the multilateral
forum provided by the WTO  or its predecessor, the General
Agreement  on Tariffs and Trade (GATT), to settle trade
disputes. As part of the dispute settlement process, WTO


members  may  seek authorization to retaliate if trading
partners maintain measures determined to be inconsistent
with WTO   rules.
Select   Major U.S. Trade Disputes Prior
to  the  Trump Adm         nistration
Below  is a historic overview of 10 controversial U.S.
trade disputes. These cases demonstrate that since the
creation of the GATT in 1947, the United States has, for the
most part, entered into negotiations to reduce trade barriers
and has imposed unilateral, restrictive trade measures in
limited instances.
Smoot-Hawley Tariff Act (1930)
The Tariff Act of 1930, commonly known  as the Smoot-
Hawley  Tariff Act, is recognized by economists as having
triggered a global trade war-one that deepened the Great
Depression. Originally meant to help heavily indebted
farmers hit by falling commodity and land prices, the Act's
scope was eventually expanded to include thousands of
products from numerous sectors. While the United States
reduced its import dependence, other countries retaliated
with increased tariffs on their imports, and by 1933, U.S.
exports had declined by at least 60%. GATT negotiations
eventually reduced tariffs on a multilateral basis.
U.S.-EU  Chicken   War   (1962)
The dispute, known as the Chicken War, began in 1962,
when  the European Economic Community   (EEC, a
predecessor to the European Union, EU) sharply raised its
common   external tariff on poultry. The United States
retaliated in 1963 after consultations with the EEC failed to
resolve the dispute and a GATT dispute panel of experts
had convened. The United States raised tariffs on potato
starch, brandy, dextrine, and light trucks. The truck tariff
(25 %)-still in place today-applies to all U.S. truck
imports, unless reduced or phased out by a U.S. free trade
agreement (FTA).
U.S.-Japan  Trade  Conflicts of the  1980s
As the Japanese economy, along with its auto industry, took
off, trade tensions between Japan and the United States
escalated significantly during the early 1980s. In an effort
to persuade Congress not to legislate retaliatory measures,
both countries held intense bilateral consultations and
reached agreements to try to improve market access for
U.S. products and limit auto imports. They negotiated
several voluntary export restraint (VER) agreements, which
required Japan to limit its auto (and steel) exports to the
United States. Japan also agreed to increase U.S. imports
and eliminate barriers to U.S. firms operating in Japan.
(Note that the 1995 WTO Agreement  on Safeguards banned
the use of informal measures like VER arrangements.)
U.S.-Canada   Softwood   Lumber Dispute ( 980s)
Since the 1980s, there have been five major disputes or
lumber wars between  the United States and Canada. The
U.S. softwood lumber industry has alleged since 1982 that
the Canadian lumber exporters benefit from unfair


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