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Full-Text Articles in Law
Introduction: Perspectives On Antidumping Law And Policy, John J. Jackson
Introduction: Perspectives On Antidumping Law And Policy, John J. Jackson
Michigan Journal of International Law
The successful dismantling of most high tariffs of the noncommunist industrialized world over the last thirty years has revealed other trade measures which previously posed relatively little risk to the flow of trade. One such measure is "antidumping duties," which each year seems to grow more prominent as a cause of tension between trading nations. Although in recent months front-page news stories have focused considerable attention on the problems of dumping and the response of antidumping duties, it is probably safe to assume that the general public, and even most laymen, have little understanding of the practice and concept of …
Proposals For Change In The Administration Of The Antidumping Act, Stephen L. Gibson
Proposals For Change In The Administration Of The Antidumping Act, Stephen L. Gibson
Michigan Journal of International Law
This article suggests changes that might be made in the administration of the existing Act to improve the efficiency of investigations and the fairness of determinations under the Act in its present form. Most of these suggestions are addressed to the Treasury Department's fair value investigation, with only a few comments on the International Trade Commission injury investigation phase. The ITC has developed a framework for injury investigations that appears generally to be both workable and acceptable to interested parties. Treasury's fair value investigation, on the other hand, has tended to be more controversial. This stems in part from the …
The Standard Of Injury In The Resolution Of Antidumping Disputes, Edward J. Krauland
The Standard Of Injury In The Resolution Of Antidumping Disputes, Edward J. Krauland
Michigan Journal of International Law
When a private party files a dumping complaint, the Antidumping Act of 1921 provides a two-step procedure for examining an alleged infraction by a foreign exporter. First, the Department of the Treasury must determine if imports are being marketed within the United States at less than fair value (hereinafter LTFV). If Treasury makes an affirmative determination, the International Trade Commission (ITC) must then determine if a United States industry is being injured, is likely to be injured, or is prevented from being established by reason of the LTFV sales. If any of these forms of injury is found, an antidumping …
Antidumping Law In Japan, Gary Saxonhouse
Antidumping Law In Japan, Gary Saxonhouse
Michigan Journal of International Law
The Japanese antidumping law neither works nor is it practiced. Until very recently, it has been a case of managed economy, with extensive government-business interaction obviating the need to use antidumping laws. While some legislation has been on the books, there's never been an action filed under the available legal framework for antidumping actions.
European Antidumping Law And Procedure, Dieter Oldekop, Ivo Van Bael
European Antidumping Law And Procedure, Dieter Oldekop, Ivo Van Bael
Michigan Journal of International Law
This article is adapted from the presentations made by Messrs. Oldekop and Van Bael at the Symposium on Antidumping Law held at the University of Michigan Law School on November 3 and 4, 1978.
The Treatment Of Products From State-Controlled Economies Under The United States Antidumping Law, Stephanie M. Smith
The Treatment Of Products From State-Controlled Economies Under The United States Antidumping Law, Stephanie M. Smith
Michigan Journal of International Law
When the Antidumping Act of 1921 was enacted, the mechanics of its application to products of state-controlled economies (hereinafter SCES) understandably was not treated. There was only one state-controlled economy in existence in 1921, and its trade with the United States was relatively insignificant. Recently, however, trade with SCEs has been increasing, and continued growth is likely. United States imports from SCEs in 1977 increased to $1,686 million from a volume of $50 million in 1951. This larger volume of trade necessitates a reassessment of the way in which the problems of interaction with these completely different economies are handled.
Dumping: Confronting The Paradox Of Internal Weakness And External Challenge, Bart S. Fisher
Dumping: Confronting The Paradox Of Internal Weakness And External Challenge, Bart S. Fisher
Michigan Journal of International Law
Unfortunately, dumping today poses serious foreign policy problems for the United States, particularly with respect to many other advanced industrial states. Dumping is but one of a series of major economic issues faced by the United States today in the international arena, however, and its importance should not be emotionalized or overstated.
Import Restraints And Industrial Performance: The Dilemma Of Protectionism, Walter Adams
Import Restraints And Industrial Performance: The Dilemma Of Protectionism, Walter Adams
Michigan Journal of International Law
It is the thesis of this article that the remedies for the import problem-- quotas, orderly marketing agreements, trigger price systems, and the like-do not provide adequate mechanisms for insuring acceptable industry performance or protecting the public interest. Instead of compelling--or even promoting-the kind of structural and behavioral changes which are imperative if an industry is to overcome its competitive infirmities, these protectionist devices, more often than not, are likely to have precisely the opposite effect, i.e., perpetuate the very infirmities that caused the industry's plight to begin with. In short, an ailing organism is not prepared for the …
The Antidumping Law: Repeal It Or Revise It, John J. Barceló Iii
The Antidumping Law: Repeal It Or Revise It, John J. Barceló Iii
Michigan Journal of International Law
This Article concentrates only on American antidumping, safeguard, and antitrust laws. The analysis, however, should have general application to any country in the western trading world. All such countries have antidumping and safeguard provisions patterned along the general guidelines in Articles VI and XIX of the General Agreement on Tariffs and Trade (GAIT). Any country which does not provide protection against predatory pricing through a general antitrust law might resort to a revised antidumping law aimed only at predatory dumping.
An Administrator's Look At Antidumping Duty Laws In United States Trade Policy, Peter D. Ehrenhaft
An Administrator's Look At Antidumping Duty Laws In United States Trade Policy, Peter D. Ehrenhaft
Michigan Journal of International Law
Trade policymakers, like military strategists, are often "fighting the last war." Our present antidumping law was passed in 1921. It was a reaction to trade problems perceived in the years during and after World War I. The related countervailing duty law harks back to an even earlier era. Since their enactment we have tinkered with each. Administration of both statutes has been surrounded by extensive regulations and a body of unwritten practice. But solving the trade problems of today-if that is what we are doing-with this elaborate legal corpus will not necessarily provide us with a sensible guide to the …
The Antidumping Act: Comments For Business, John Cutler
The Antidumping Act: Comments For Business, John Cutler
Michigan Journal of International Law
After several decades of disuse, the Antidumping Act has been rediscovered in recent years by domestic producers. However, even as American manufacturers have resorted to the Act with increasing frequency, they have criticized it as being ineffective. Although American producers undoubtedly would be better served if the Antidumping Act were to be amended in response to these criticisms, the Act, as presently written and administered by the Treasury Department, can even now provide benefits for domestic producers that are frequently overlooked. An American manufacturer who initiates a proceeding under the Antidumping Act is usually seeking to force up prices for …
The Antidumping Act: Proposals For Change, Noel Hemmendinger
The Antidumping Act: Proposals For Change, Noel Hemmendinger
Michigan Journal of International Law
The Antidumping Act is in great trouble. Most of its troubles flow from a basic misconception about the role of an antidumping proceeding. A dumping case is sometimes looked on as analogous to private party litigation in which domestic producers seek to vindicate "rights" being injured by foreign exporters. In another view, it is sometimes regarded as analogous to a criminal proceeding in which the United States condemns and punishes certain methods of foreign price competition as "unfair." In my view, it is preferable to look at an antidumping proceeding as a method of resolving a conflict in the execution …
The "Fast-Track" Procedure: Problems Of Implementation, David N. Wall
The "Fast-Track" Procedure: Problems Of Implementation, David N. Wall
Michigan Journal of International Law
The Trade Act of 1974 represented the most significant reformulation of United States international economic policy since the Trade Agreements Act of 1934. Responding to criticism from several quarters, Congress included in the Act major additions to the laws dealing with unfair foreign trade practices. In particular, the Act contained several measures intended to expedite the processing of antidumping complaints. One of these measures, the so-called "fast-track" provision, created a potentially powerful administrative mechanism to permit the summary dismissal of clearly unmeritorious complaints. Unfortunately, implementation of this amendment has suffered from a lack of legislative guidance, and it is not …
Gilmore: An Antidumping Proceeding As Cost-Price Comparison, Fred A. Rodriguez
Gilmore: An Antidumping Proceeding As Cost-Price Comparison, Fred A. Rodriguez
Michigan Journal of International Law
In the usual dumping case, a producer sells his product abroad at prices lower than those at which the same product is sold in the domestic market (country of origin). But dumping is also possible in other circumstances. The General Agreement on Tariffs and Trade (hereinafter GATT) and the Antidumping Code (hereinafter the Code) recognize dumping where, in the absence of a domestic price, the price in the export market is lower than the price for a comparable product in a third country market. If neither a domestic nor a third country price is available, these international agreements provide that …
United States Compliance With The 1967 Gatt Antidumping Code, Robert E. Hudec
United States Compliance With The 1967 Gatt Antidumping Code, Robert E. Hudec
Michigan Journal of International Law
The 1967 GATT Antidumping Code (hereinafter the Code) may be viewed as an attempt to state an international consensus about the correct policy and practice of national antidumping laws. It is important to be clear about the nature of that consensus. National antidumping laws are not an expression of accepted economic theory about international trade. Rather, they tend to rest on more pedestrian value judgments about things such as "fair competition." These underlying value judgments are not necessarily the same from one country to another, and in some countries antidumping laws are not even considered particularly useful or necessary. In …
Appendix, Michigan Journal Of International Law
Appendix, Michigan Journal Of International Law
Michigan Journal of International Law
In this section: • Flow Diagram of Antidumping Proceeding • Summary of Treasury's Procedures under the Antidumping Act • The Digest of United States Cases • Statistical Summary of Antidumping Complaints Filed, and LTFV and Injury Determinations • LTFV and Injury Determination according to Country • Foreign Antidumping Law
The Retroactive Application Of The Antidumping Act Of 1921, Thomas E. Johnson
The Retroactive Application Of The Antidumping Act Of 1921, Thomas E. Johnson
Northwestern Journal of International Law & Business
In 1921, the United States Congress enacted the Antidumping Act which provides for the imposition of dumping duties on imports sold to United States merchants at prices below their fair value. The Act permits the assessment of dumping duties retroactively on merchandise imported up to one hundred and twenty days before a complaint of dumping has been filed with the Commissioner of Customs. Mr. Johnson examines the retroactive provisions of the Act and its regulations, the case law surrounding those provisions, and the constitutionality of the provisions. Against this background, he concludes that the retroactive application of the Act, particularly …