10 - Treatment of Trade Remedies under the Trans-Pacific Partnership, Chapter 6

Summary

As with the North American Free Trade Agreement (NAFTA) and the more than a dozen free trade agreements (FTAs) concluded by the United States after NAFTA prior to the Trans-Pacific Partnership (TPP), the TPP’s Trade Remedies Chapter 6 largely leaves the WTO disciplines on global safeguards, dumping and countervailing duties intact.² Also, as with NAFTA, provision is made for transitional safeguards. These are designed to protect other Parties of the TPP temporarily from injuries caused by scheduled TPP tariff reductions. Where the TPP innovates is through the strengthening of procedural guarantees and transparency when TPP Parties conduct WTO regulated dumping or countervailing duty procedures against other Parties. As other chapters of this book demonstrate, some TPP chapters include major innovations compared to both the WTO agreements and NAFTA. The trade remedies chapter is not one of those.