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U.S. Trade Debates: Select Disputes and Actions


Introduction
During the Trump  Administration, the United States and
some  of its major trading partners engaged in a contentious
war of words over trade-one  that tipped over into action
in 2018, mostly in the form of increased tariffs. The tariffs
imposed  by the United States, combined with retaliatory
measures adopted by other countries (particularly with
respect to China), reportedly continue to have noticeable
effects on trade flows and U.S. firms. To date, most
ongoing disputes related to these actions remain unresolved.
Although the scale and scope of these 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 March 2021, the United
States has been involved in 280 trade disputes (addressed
through the WTO  dispute settlement system since 1995),
either as a complainant or a respondent. Most disputes are
settled, or when unresolved, are contained or defused
through bilateral and multilateral negotiations. Since the
early 20th century, only one dispute has 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?
           N,. 1-rofUISk,1ad- D'}sp-,.a with W1O Members ams ofMarh2B021
  European Union              .   .  .
         China                     4.
         Canada .
    South Korea
          India  e     a
                              Total number of cases as  280
         Bazil                  P ewanand resonden

      Argentina    fl
      Australia                     Againt the United States
      Philippines                   Brought by the United States
 Souce:CRswth dat ie_   Wod .Trade o   niao(March  202t
 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,
 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


Updated March  2, 2021


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 Administration
Below  is a historic overview of 10 controversial U.S. trade
disputes over various trade barriers (see text box). These
cases demonstrate that since the creation of the GATT in
1947, the United States, for the most part, has 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.-European Union (E U) Chicken War (1962)
The dispute, known as the Chicken War, began in 1962,
when  the European Economic  Community  (EEC,  a
predecessor to the 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. (The
subsequent 1995 WTO   Agreement  on Safeguards banned
the use of informal measures like VER arrangements.)
U.S.-Canada   Softwood   Lumber Dispute (I 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
Canadian lumber  exporters benefit from unfair subsidies.
After intense negotiations, in 1986 the United States and


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