40 Questions
What is the minimum number of years required for the Period of Investigation (POI) for a safeguard investigation under US law?
5 years
According to the ITC, what is the primary factor in determining whether an industry is materially injured by reason of subject imports?
No single factor is dispositive
What is the requirement for the threat of serious injury in a safeguard investigation?
The threat of serious injury must be clearly imminent
What is the purpose of the 'material injury' analysis in a safeguard investigation?
To assess whether the domestic industry is materially injured by reason of subject imports
What is the requirement for the causal link between increased imports and serious injury in a safeguard investigation under US law?
The increased imports must be a substantial cause of serious injury
What is the primary purpose of the ITC's two-step process in determining import injury?
To determine whether the industry is injured and if the injury is caused by imports
What is the standard for determining whether an increase in imports is 'recent enough, sudden enough, sharp enough, and significant enough' to cause or threaten serious injury?
A case-by-case basis with no absolute standard
Under what circumstances can the ITC ignore improvements to the industry after the filing of a petition?
If the filing of the petition caused the improvement
What is the significance of the 'magic X' in import injury analysis?
It indicates a correlation between import trends and industry performance
What is the implication of Article 2.1 on the origin of increased imports in an injury determination?
It does not impose restrictions or obligations on the origin of increased imports
What is the primary concern in evaluating the impact of unfairly traded imports on the domestic industry?
The price difference between imported and domestic products
In the context of a safeguard investigation, what is the purpose of examining the 'effect of obligations'?
To assess the impact of trade agreements on the domestic industry
What is the significance of the 'like product' definition in a trade remedy investigation?
It establishes the basis for comparing domestic and imported products
What is the requirement for demonstrating the causal link between imports and material injury in a trade remedy investigation?
Imports must be 'a' cause of material injury, but not necessarily the primary cause
What is the primary consideration in evaluating the harm caused by unfairly traded imports?
The severity of the injury caused by imports
In a safeguard investigation, what is the primary consideration for determining whether a product is 'directly competitive'?
Price elasticity and market criteria
What is the requirement for showing 'unforeseen developments' in an injury analysis?
The unforeseen developments must result in increased imports of the specific product
What is the role of Article 15 of the SCM Agreement in defining injury in an AD/CVD investigation?
It requires that the definition of injury take into account the provisions of the SCM Agreement
In determining 'like product', what is the primary consideration of the ITC?
Whether the product is 'substantially identical' to the domestic product
What is the relationship between the AD Agreement, SCM Agreement, and the definition of injury in the U.S. statute?
The U.S. statute is free to define injury as long as it takes into account the provisions of the AD Agreement and SCM Agreement
What is the primary purpose of the Agreement on Subsidies and Countervailing Measures?
To counter the effect of subsidies provided by foreign governments
What is the role of the Department of Commerce in antidumping investigations in the US?
To decide whether there are dumped imports
What is the requirement for a safeguard investigation under the Agreement on Safeguards?
A showing of material injury or threat thereof caused by increased imports
What is the significance of Article VI in the context of antidumping duties?
It leaves ample room for interpretation in determining the existence of dumped imports
What is the purpose of the three-step analysis in countervailing duty investigations?
To offset the effect of subsidies provided by foreign governments
In a safeguard investigation, what is the significance of the 3% and 7% thresholds?
They set the threshold for cumulating injury from multiple countries in a single petition.
What is the primary distinction between a safeguard measure and an antidumping duty?
The unilateral nature of the measure.
Under what circumstances can lower labor standards or lower regulation be considered a more important cause of serious injury?
Never, as it is explicitly excluded by the relevant statute.
What is the significance of the Georgetown Steel case in the context of safeguard investigations?
It upheld the legality of unilateral safeguard measures under WTO law.
What is the primary purpose of the 'increase in imports' analysis in a safeguard investigation?
To establish the causal link between imports and serious injury.
What is the minimum margin of dumping required for an investigation to be dismissed under US law?
2%
What is the primary purpose of the Third Country Method in antidumping investigations?
To determine the normal value of the product
Which of the following is a requirement for a financial contribution to be considered a subsidy under the Agreement on Subsidies and Countervailing Measures?
The financial contribution must be provided by a government or public body
What is the primary purpose of the home market method in antidumping investigations?
To determine the normal value of the product
What is the term for the process of investigating whether an imported product is being sold at a price lower than its normal value in the exporting country?
Antidumping
What is the term for the injury caused by unfairly traded imports to a domestic industry?
Material injury
Which of the following is a requirement for a safeguard investigation under Article XIX of the GATT?
Unforeseen developments must have occurred
What is the term for the method used to determine the normal value of a product in antidumping investigations when there is no home market or third country market?
Constructed value method
What is the term for a country that is not considered a market economy, such as China or Vietnam, in the context of antidumping investigations?
Non-market economy
What is the purpose of the dumping margin calculation in an antidumping investigation?
To determine the amount of antidumping duties to be imposed
Test your knowledge of the International Trade Commission's criteria for evaluating trade policies, including physical characteristics, customer perceptions, and more. See how well you understand the factors that influence trade decisions.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
