Exam 11: Regulating Import Competition and Unfair Trade

In determining whether increased imports are a substantial cause of serious injury, the ITC does not consider:

Available forms of import relief include:

In response to the petition for relief filed by Harley-Davidson Motor Company:

Antidumping and countervailing duty cases may be appealed to the U.S. Court of International Trade in all of the following situations except :

To be eligible for adjustment assistance due to import competition, the Secretary of Labor must certify all of the following except :

The "material injury" requirement under the U.S. unfair import statutes requires a finding of less harm than does the "serious injury" requirement in the U.S. escape clause.

The USTR has requested your advice on whether the following are legal pursuant to the GATT. Please explain each of your answers. Scenario Reduced rate loans offered by U.S. banks to U.S. businesses willing to relocate their operations to economically depressed inner cities.

The GATT Agreement has an escape clause whereby member nations may levy increased duties on imported products where there are unforeseen circumstances that cause or threaten serious injury to domestic producers.

The "escape clause" of the GATT agreement derives its name from the fact that:

All subsidies are even those that are beneficial to domestic, economic, and social objectives are considered damaging to the international economy.

An actionable subsidy is one that:

A provisional measure is a tariff imposed by a country in order to ensure that dumping does not take place.

Describe the ways in which U.S. trade legislation is and is not based upon GATT legal principles. Give several examples.

Under the law of the European Union, a country may only bring an antidumping action against a non-EU member country.

The President of the United States can by executive order provide import relief in the form of temporary tariff increases or quotas without having to consulting any other organization.

A subsidy is some advantage or favor granted by a government to its firms upon the manufacture, production, or export of a product, and such actions are beneficial to the international economy.

A subsidy exists where the government has conferred a benefit to a domestic firm or industry, except:

The requirements for import relief under U.S. law include all of the following except :

The GATT Agreement authorizes countervailing duties to offset the effect of subsidies on imports that cause or threaten material injury to a domestic industry.

Under U.S. law, antidumping duties can be imposed where: I. It is determined that a class of foreign merchandise is being, or likely to be, sold in the U.S. at less than fair value, and a domestic industry is injured as a result. II. A domestic industry needs protection to update its technology to compete with the dumped product.