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Section 338 sat unused since Smoot-Hawley for a reason — it targets specific foreign discrimination, not every trade spat. Congress already built the proper path with Section 301, with its investigations and public comment, and skipping those safeguards erases the limits lawmakers wrote. Meanwhile, family food importers and upstate New York dairy farmers absorb the damage.
Blocking American wine off provincial shelves, rigging auto quotas to pull plants north and giving the EU better cheese access than the U.S. is textbook discrimination. Section 338 exists for exactly that unequal treatment, and leaving the statute dormant rewards every country that punishes American exporters. Walking away from a near-final deal and choosing retaliation earned a 50% answer.