Consultations with the European Union on the Spanish olives AD/CVD case failed in March, and the European Union has requested a dispute panel at the World Trade Organization. At the May 28th meeting of the WTO Dispute Settlement body, according to a Geneva trade official, the U.S, blocked the formation of a panel, saying its AD/CVD case was within WTO rules and that the EU request included claims that were not part of the consultations. Antidumping duties are between 16.88 percent and 25.5 percent, and countervailing duties are between 7.52 percent and 27.02 percent (see 1807310076).

Canada's Foreign Affairs Minister Chrystia Freeland submitted a notice "of a Ways and Means motion to introduce an Act to implement the Agreement between Canada, the United States of America and the United Mexican States," in the House of Commons on May 27, according to the official record. That notice marks the beginning of the process for Canada's parliament to ratify the U.S.-Mexico-Canada trade agreement.

That the U.S. made “unreasonable demands” on China “through maximum pressure” is the “underlying reason” why 11 rounds of negotiations “failed to yield an agreement,” a Chinese Foreign Affairs Ministry spokesperson said May 20. “This wouldn't work from the very beginning.” When U.S. threats didn't work and “instead led to widespread doubts at home and abroad as well as market fluctuations, the U.S. “resorted to muddying the waters and shifting the blame,” he said. “The international community bears witness to the sincere and constructive attitude China has shown in the past 11 rounds of negotiations.” There’s “hope for success only when the consultations proceed on the right track of mutual respect, equality and mutual benefit,” he said. The Office of U.S. Trade Representative didn’t comment.

A Chinese Foreign Ministry spokesperson sidestepped questions at a Beijing news conference May 17 about media reports suggesting new U.S.-China trade talks are off the table for now. Presidents Donald Trump and Xi Jinping “have maintained contact through various means,” the spokesperson said. The Office of the U.S. Trade Representative didn’t comment. The U.S. and China “intend to continue further discussions,” a USTR notice in the Federal Register said, officially proposing the 25 percent Section 301 tariffs on $300 billion in Chinese goods not previously dutied. Requests to appear at public hearings on the proposed List 4 tariffs are due June 10 in docket USTR–2019–0004 at regulations.gov, and written comments are due June 17, the same day the hearings are set to begin. Post-hearing rebuttal comments are due seven days after the hearings end.

Though allegations that China’s “retreat” from previous commitments in the trade talks with the U.S. were the Trump administration’s grounds for hiking the List 3 Section 301 tariffs to 25 percent and proposing a fourth tranche of duties on remaining Chinese imports not previously dutied, it was the U.S. side that actually reneged, suggested a Chinese Foreign Affairs Ministry spokesperson May 16. “It takes sincerity to make a consultation meaningful,” the spokesperson said during a press conference. “Judging from what the U.S. did in previous talks, there are two things we have to make clear,” he said. “First, we need to follow the principle of mutual respect, equality and mutual benefit. Second, words must be matched with deeds. Flip-flopping is the last thing we need.” During the various rounds of trade negotiations, the U.S. “repeatedly rejected rules in consultations and brought difficulties to the talks, while China, on the other hand, has been acting in a constructive spirit all along,” he said. “The international community bears witness to all this.” The Office of the U.S. Trade Representative didn’t comment.

Canadian Minister for International Trade Diversification James Carr said Canada is "following with great interest" what the Senate Finance Committee chairman and other Republicans senators are saying about Section 232 tariffs. "We will see how they decide to work that out," he said at the Council of the Americas conference May 7. He said that even though none of the countries got everything they wanted in the new NAFTA, Canada's government wants to see it ratified. "We negotiated for 14 months in good faith, we found alignment with our trading partners, we want to see it ratified. There are irritants, though, and the 232 tariffs on the steel and aluminum -- which we believe to be unwarranted -- are a real problem. It's going to be difficult to ratify the agreement as long as those tariffs are in place." He said Canadians are talking with U.S. counterparts about the tariffs, "and we hope they will be removed."

The recent Global Conference on the future of the Harmonized System for tariffs and trade held by the World Customs Organization resulted in some broad policy recommendations, the WCO said in a news release. Those recommendations will now be sent to the WCO Policy Commission for consideration. The event, which took place May 2-3 at the WCO, included "over 300 participants from Member Customs administrations, partner international organizations, industry associations, trade professionals, import/export companies and academia," it said.

A methodology the U.S. began using in 2017, after the U.S. Trade Preferences Extension Act of 2015, should be talked about more "to ensure such practices do not result in more trade-restrictive effects than necessary," South Korea said at the World Trade Organization Committee on Anti-Dumping Practices meeting, according to a Geneva trade official. The approach, called "particular market situation," is supposed to be better than home market prices in cases of state intervention in markets. Trade hawk Peter Navarro, an assistant to President Donald Trump and the White House's director of Trade and Manufacturing Policy, encouraged its use more often (see 1703240036). The first case was on oil country tubular goods from South Korea. The same methodology also has been used on Indonesian and Thai exports.

The World Trade Organization formally adopted the Russia-Ukraine panel ruling, the first time the WTO tackled the national security exception from the General Agreement on Tariffs and Trade (see 1904120022). The case has implications for the Section 232 tariffs on steel and aluminum, which have hit U.S. allies as well as strategic competitors. The panel had found that the Russian Federation had met the requirements for invoking the national security clause in restricting transit of goods across its territory to Ukraine, because Russian seizure of Ukrainian territory (Crimea) counts as a time of international emergency.

The World Customs Organization Permanent Technical Committee has approved a draft of e-commerce technical specifications, and the package will next face review with the Policy Commission in June and the WCO Council soon after, said Ana Hinojosa, WCO director-Compliance and Facilitation. Hinojosa spoke via video at the National Customs Brokers & Forwarders Association of America's annual conference on April 17. There are also some discussions on e-commerce planned with the World Trade Organization, she said. "They have invited us to participate in some of their workshops and we're very interested in us to engage in their process as well," she said. "We're hopeful that those conversations will be fruitful and something will come out of that."