ABSTRACT
This chapter focuses on some representative Section 301 cases to illustrate how Section 301 can work and when it is likely to fail. It illustrates the connection between Section 301 and the General Agreement on Tariffs and Trade dispute settlement procedure in order to demonstrate the possible working relationship between Section 301 and the World Trade Organization. One of the most significant uses of Section 301 was the 1991 case to address a variety of market access barriers in China. The 1990 Section 301 case against the Canadian provincial liquor boards’ discrimination against US beer imports demonstrates the necessity of strong US trade laws even in those instances where multilateral trade dispute settlement is available. In May of 1988, the US trade representative launched a Section 301 case against Japan’s restrictive quotas for oranges and orange juice. This was in response to a petition filed by the Florida Citrus Industry after negotiations with the Japanese on citrus broke down.
