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Publications: Eli Clemens

February 25, 2026

USTR Should Count Search Indexing Evasion as Notorious Market Conduct

Chinese online marketplaces like AliExpress and Temu often list counterfeits of American products while limiting search engine indexing, making it difficult for rights holders to detect infringements. The U.S. Trade Representative should include these platforms on the 2025 Notorious Markets List and consider indexing transparency as a criterion for future listings.

February 23, 2026

Internal Value Chains Remain Dependent on China Even as Multinationals Shift Production to America

Advanced manufacturers based in East Asia are expanding investment into the U.S. economy. Yet, many of their internal value chains remain anchored in China, giving the PRC significant leverage over U.S. interests. U.S. policymakers should respond both defensively and offensively.

February 17, 2026

US Trade Representative Should Shine a Spotlight on Chinese Counterfeits

If the USTR is serious about protecting U.S. consumers and businesses from copyright piracy and trademark counterfeiting, it should designate Chinese online platforms Temu, AliExpress, and SHEIN as notorious markets.

December 1, 2025

Comments to USTR for Its Section 301 Investigation of China’s Implementation of Commitments Under the Phase One Agreement

China has failed to meet its commitments under the U.S.-China POA. It is not a reliable trade partner, as potential commitments to reverse its predatory practices are antithetical to its long-term techno-economic project.

November 3, 2025

How Some Chinese Companies Obscure Ties to China and What Policymakers Should Do About It

Certain Chinese companies obscure their ownership and strategic intent in the U.S. economy, gaining access to markets, talent, intellectual property, and subsidies. These practices advance China’s industrial and military goals and necessitate stronger oversight measures.

October 27, 2025

How Data-Rich Workplaces Can Improve Worker Safety, Health, and Experience

A productive approach to emerging workplace technologies would focus on two overarching goals: 1) accelerating development, testing, and adoption, and 2) supporting positive uses of the technology while mitigating negative ones.

September 23, 2025

Comments to USTR Regarding the 2025 Review of Notorious Markets for Counterfeiting and Piracy

ITIF recommends that USTR include Temu, AliExpress, and SHEIN on the 2025 Notorious Markets List because all three platforms meet USTR’s criteria as notorious online markets. They facilitate systemic trafficking in counterfeit goods, harming U.S. right holders, undermining fair competition, and placing U.S. consumers at risk.

August 20, 2025

How Chinese Online Marketplaces Fuel Counterfeits

Chinese e-commerce platforms facilitate sales of counterfeit products, threatening U.S. intellectual property, fair competition, and consumer safety. Policymakers should take action to hold these platforms accountable and protect American consumers and businesses.

June 25, 2025

Comments to the United States Patent and Trademark Office Regarding Countering Illicit Trade

The OECD guidelines are a critical step in shaping how global e-commerce operates. But unless they reflect the geopolitical and regulatory asymmetries that define today’s counterfeit trade, they will fall short of their ambition.

June 14, 2025

State Data-Driven Pricing Bans Would Backfire on Consumers

State bans on data-driven pricing could backfire by eliminating personalized discounts that help consumers. A better approach is to enforce existing laws, pass federal privacy rules, and clarify what fair pricing looks like.

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