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Congressional Research Service
inform'ing the Iegislative debate since 1914


Updated February 22, 2024


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, several
disputes related to these actions have not been fully
resolved; some reached panel decisions finding the tariffs
inconsistent with World Trade Organization (WTO)
obligations. While the scale and scope of these unilateral
U.S. tariff increases are unprecedented in modern times,
tensions and irritants in trade relations are not uncommon.
During the last 100 years, the United States has been
involved in a number of trade disputes. Per the WTO, as of
January 2024, the United States has been involved in 282
dispute cases with 43 WTO members  (addressed through
the WTO  dispute settlement system since 1995), either as a
complainant or a respondent (Figure 1). Most disputes are
settled, or when unresolved are contained or defused
through bilateral and multilateral negotiations. Since the
early 20th century, 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.
Figure  I. U.S. WTO  Disputes, Jan. 1995 - Jan. 2024


    20           3 5
    23       i7
  8     20
  6   1 4


  10
  4  1i
  6  8
  5 6     mBrought by the United States
  4 3       Brought against the U ited States

         41 3                        8

0        20       40        60       80


Source: CRS with data from the WTO.
Notes: Figures reflect the number of times a WTO member
participated in disputes as a complainant (i.e., there may be several
complainants in a given dispute)-not the distinct number of formal
disputes settlement cases filed, which total 282.


Addressing US. Trade Disputes
The United States has used unilateral measures and has
engaged with trading partners in bilateral and multilateral
fora to address trade 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
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
under the WTO  or its predecessor, the General Agreement
on Tariffs and Trade (GATT), to settle 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.

Major U.S. Trade Disputes Prior to 2017
Below  is a historic overview of 10 controversial U.S. trade
disputes over various trade barriers. These select 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.
US.-European Union (EU) 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 (I 980s)
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


         EU
      China
      Canada
South Korea
       India
     Mexico
     Brazil
     Japan
  Argentina
  Indonesia
     Others

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