This is from Inside US Trade:
U.S. Trade Representative Robert Lighthizer has asked the U.S. International Trade Commission for additional information in the Section 201 probe into solar imports, focusing in his request on so-called “unforeseen developments” -- an issue that sources say has contributed to U.S. losses in previous safeguard challenges at the World Trade Organization.
In a Nov. 27 letter, Lighthizer asked ITC Chairman Rhonda Schmidtlein for a supplemental report that includes additional information on “any unforeseen developments that led to the articles at issue being imported into the United States in such increased quantities as to be a substantial cause of serious injury.”
...
Trade lawyers told Inside U.S. Trade Lighthizer’s request for more information suggests a desire to shore up an area in which the U.S. has encountered problems in previous safeguard challenges at the WTO.
Some sources said the “unforeseen developments” issue has been behind U.S. losses in those prior challenges.
“The U.S. has lost every [Section 201] safeguard investigation challenged at the WTO,” one source told Inside U.S. Trade.
This request is an unforeseen development (pun intended!), and perhaps is a sign that the U.S. will be engaging positively with the WTO dispute settlement system.
