Exam 11: Regulating Import Competition and Unfair Trade

Under U.S.law,the foreign market value for antidumping duty determination is calculated as either home market sales price,sales of like products in third countries,or "constructed value."

An appeal to the appropriate federal court may be had from a decision by the International Trade Administration not to conduct an investigation concerning the dumping of a product.

There are two types of import protection regulations in the U.S.: I. Laws that provide relief to protect developing U.S. domestic companies. II. Laws that allow non-market economy nations a financial break.

Compare and contrast the "generally available benefits" test with the "specificity test." How will they affect case outcomes?

In determining if a sale is less than fair value,the International Trade Administration:

Identify and evaluate the importance of the several factors taken into account in an ITC proceeding to impose import restrictions.

The antidumping duty imposed under U.S.law is based on the amount by which the foreign market value exceeds the cost of production.

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.

Weigh the strengths and weaknesses of all possible actions a country can take to protect its market against unfair trade.

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

Dumping has become a fairly persistent problem in international trade and is often practiced by firms wishing to sell their excess production capacity at bargain prices to cover fixed costs.

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.

Scenario Loan guarantees by the French government to French filmmakers who utilize French equipment in the making of their movies.

Assess the various legal "tools" available to the president to gain freer access to foreign markets for U.S.products.

The "Super 301" law concerning unfair barriers to U.S.trade was not in violation of GATT because it allowed a unilateral approach to trade problems.

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

Dumping does not require that the product be sold in the home country for less than the cost to produce it.

Draft a statute or treaty defining a non-market or state-controlled economy OR identifying which factors should be considered in making such a determination and how they should be applied.

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.

To obtain import relief under U.S.law,the domestic industry must prove that the foreign producer or government has undertaken an illegal or unfair action in its export policy.