On Sept. 30, three judges of the United States Court of International Trade will hear arguments on whether the Section 301 tariffs now applied to 60 economies, Canada among them, were lawfully imposed.
asserted
tariffs → hear → them
It is the only one written by a Canadian.
asserted
It → write → Canadian
Many Canadians believe these tariffs are a political problem with a political answer, and that only the people in the negotiating room can act.
asserted
people → believe → room
The past year has disproved that twice.
asserted
year → disprove → that
In February, the Supreme Court of the United States held that the emergency powers statute did not authorize the president’s tariffs.
asserted
statute → hold → tariffs
In May, the Court of International Trade held the replacement surcharge unlawful.
uncertain
surcharge → hold → Trade
No foreign government brought either case.
asserted
government → bring → case
Small businesses and American states brought both.
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businesses → bring → both
American courts stopped American tariffs in months, at the request of ordinary people who simply filed.
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who → stop → people
There is no requirement to be a party to the case, and none to be American, only a working knowledge of the record.
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none → be → record
A court deciding whether an agency followed its own law is entitled to hear from people who actually know it.
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who → decide → it
Any Canadian could have filed one before mine.
uncertain
Canadian → file → mine
Any Canadian still can, in the very next proceeding that opens after this one.
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that → open → one
My brief puts three things before the court.
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brief → put → court
The Trade Act requires Washington to promptly request formal dispute settlement under CUSMA once consultations with a treaty partner fail.
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consultations → require → partner
Washington opened consultations with Canada on March 12.
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Washington → open → March
The record does not show that dispute settlement was ever requested.
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settlement → show → ?
Section 301 also requires proof that Canada burdens American commerce.
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Canada → require → commerce
Canada is the second-largest export market in the world for American goods, behind only Mexico, so the claim needs a named displaced export.
uncertain
claim → need → export
The report names none.
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report → name → none
And the report contradicts itself.
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report → contradict → itself
One passage says Washington does not find that Canada failed to impose a forced labour import ban.
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Canada → say → ban
The tariff notice says the opposite.
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notice → say → opposite
A separate release this month credits Canada with adopting the very ban it was just penalized for lacking.
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it → credit → ban
Washington is not the only government leaving the treaty machinery idle.
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Washington → leave → machinery
Since last March, Canada has asked for CUSMA consultations three times, on emergency duties, steel and aluminum, and automobiles.
asserted
Canada → ask → duties
All three stopped at the first step.
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three → stop → step
No panel has ever been requested.
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panel → request → ?
Other doors stand open, and cost nothing to use.
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doors → stand → nothing
The U.S. International Trade Commission takes comments until Nov. 8 on how it should define foreign discrimination under Section 338, the 96-year-old statute now used against Canada for the first time in its history.
asserted
it → take → history
The Trade Representative takes comments until Oct. 29 for its annual list of foreign trade barriers, where Canadian measures already appear.
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measures → take → barriers
A Canadian business may file.
uncertain
business → file → ?
None of this has been debated here either.
asserted
None → debate → this
The Commons rose in June and returned only this week, so every measure of the summer landed while Parliament was away.
asserted
Parliament → rise → summer
Its trade committee’s last act before rising was to take testimony on how Canada enforces its own forced labour ban.
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Canada → rise → ban
That same testimony is now sitting before an American court, because I am the one who put it there.
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who → sit → it
For thirty years Canadian trade disputes were fought government to government, and another country’s courts read as somebody else’s business.
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courts → fight → business
That instinct no longer fits the tools now being used against us.
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instinct → fit → us
Domestic American statutes are challenged in domestic American courts.
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statutes → challenge → courts
Mexico sits down in Washington on the 28th to negotiate CUSMA, without Canada in the room.
asserted
Mexico → sit → room
…and 6 more, not listed.
The Aporia
