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Hidden Agenda: The Expansion Of Product Scope In International Trade Proceedings, Timothy A. Harr
Hidden Agenda: The Expansion Of Product Scope In International Trade Proceedings, Timothy A. Harr
Michigan Journal of International Law
Part II of this Article examines current legal standards. It concludes that U.S. product scope rulings are nominally made pursuant to a set of objective legal/factual standards, but that because of the breadth of these standards, the Commerce Department has considerable discretion in making such decisions. Part III examines recent Commerce Department product scope rulings, which highlights a policy goal of prevention of evasion by foreign suppliers. The Department, which technically has no authority to expand the product scope and no formal authority to consider evasion, is uncomfortable with this current situation. This has caused the Administration to propose amendments …
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 …