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Articles 211 - 226 of 226
Full-Text Articles in International Trade Law
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 …
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 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 …
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 …
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.
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
Citations To Dumping Regulations (United States), Michigan Journal Of International Law
Citations To Dumping Regulations (United States), Michigan Journal Of International Law
Michigan Journal of International Law
List of citations to U.S. dumping regulations.
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.
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.
Citations To The Antidumping Act Of 1921, Michigan Journal Of International Law
Citations To The Antidumping Act Of 1921, Michigan Journal Of International Law
Michigan Journal of International Law
List of citations to Antidumping Act of 1921
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 …
Index, Michigan Journal Of International Law
Index, Michigan Journal Of International Law
Michigan Journal of International Law
Index of terms used in this volume.
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 …
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 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.
Annotated Bibliography 1965-78, Michigan Journal Of International Law
Annotated Bibliography 1965-78, Michigan Journal Of International Law
Michigan Journal of International Law
Dumping frequently has been treated in legal literature as a subject comfortably reviewed, from abstract economic theory to administrative practice, within a single law review article or note. As a consequence, many authors produce lengthy overviews, often duplicating the efforts of others. The annotations point to areas of particular strengths and weaknesses in the legal writing on the subject from 1965 to 1978. This allows the reader to move quickly to the leading discussions, without undue labor on repetitive pieces. The topical headings should not be considered airtight compartments. As noted, many authors attempt to cover every aspect of the …