Trade Remedies: A Primer
LIBRARY OF CONGRESS WASHINGTON DC CONGRESSIONAL RESEARCH SERVICE
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The United States and many of its trading partners use laws known as trade remedies to mitigate the adverse impact of various trade practices on domestic industries and workers. U.S. antidumping AD laws 19 U.S.C. 1673 et seq. authorize the imposition of duties if 1 the International Trade Administration ITA of the Department of Commerce determines that foreign merchandise is being, or likely to be sold in the United States at less than fair value, and 2 the U.S. International Trade Commission ITC determines that an industry in the United States is materially injured or threatened with material injury, or that the establishment of an industry is materially retarded, due to imports of that merchandise. A similar statute 19 U.S.C. 1671 et seq. authorizes the imposition of countervailing duties CVD if the ITA finds that the government of a country or any public entity has provided a subsidy on the manufacture, production, or export of the merchandise, and the ITC determines injury. U.S. safeguard laws 19 U.S.C. 2251 et seq. authorize the President to provide import relief from injurious surges of imports resulting from fairly competitive trade from all countries. Other safeguard laws authorize relief for import surges from communist countries 19 U.S.C. 2436 and from China 19 U.S.C. 2451. In each case, the ITC conducts an investigation, forwards recommendations to the President, and the President may act on the recommendation, modify it, or do nothing.
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