Reading Room Document

Appointment of United States Trade Representative

Were it constitutional, 19 U.S.C. § 2171(b)(4) would prohibit anyone "who has directly represented, aided, or advised a foreign entity . . . in any trade negotiation, or trade dispute, with the United States" from being appointed as United States Trade Representative. A nominee's previous work on two matters involving antidumping or countervailing duty proceedings before administrative agencies would not be disqualifying under the statute, because neither matter was a "trade negotiation" or, during the time of his engagement, a "trade dispute[] with the United States." The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/olc/file/1078061/download.

March 13, 2017