International Trade Commission (ITC) Criteria Quiz
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Questions and Answers

What is the minimum number of years required for the Period of Investigation (POI) for a safeguard investigation under US law?

  • The POI is determined on a case-by-case basis
  • 3 years
  • 5 years (correct)
  • 4 years
  • According to the ITC, what is the primary factor in determining whether an industry is materially injured by reason of subject imports?

  • The decline in sales of the domestic industry
  • No single factor is dispositive (correct)
  • The market share of the domestic industry
  • The rate of increase of imports
  • What is the requirement for the threat of serious injury in a safeguard investigation?

  • The threat of serious injury must be possible
  • The threat of serious injury must be probable
  • The threat of serious injury must be clearly imminent (correct)
  • The threat of serious injury must be likely
  • What is the purpose of the 'material injury' analysis in a safeguard investigation?

    <p>To assess whether the domestic industry is materially injured by reason of subject imports</p> Signup and view all the answers

    What is the requirement for the causal link between increased imports and serious injury in a safeguard investigation under US law?

    <p>The increased imports must be a substantial cause of serious injury</p> Signup and view all the answers

    What is the primary purpose of the ITC's two-step process in determining import injury?

    <p>To determine whether the industry is injured and if the injury is caused by imports</p> Signup and view all the answers

    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?

    <p>A case-by-case basis with no absolute standard</p> Signup and view all the answers

    Under what circumstances can the ITC ignore improvements to the industry after the filing of a petition?

    <p>If the filing of the petition caused the improvement</p> Signup and view all the answers

    What is the significance of the 'magic X' in import injury analysis?

    <p>It indicates a correlation between import trends and industry performance</p> Signup and view all the answers

    What is the implication of Article 2.1 on the origin of increased imports in an injury determination?

    <p>It does not impose restrictions or obligations on the origin of increased imports</p> Signup and view all the answers

    What is the primary concern in evaluating the impact of unfairly traded imports on the domestic industry?

    <p>The price difference between imported and domestic products</p> Signup and view all the answers

    In the context of a safeguard investigation, what is the purpose of examining the 'effect of obligations'?

    <p>To assess the impact of trade agreements on the domestic industry</p> Signup and view all the answers

    What is the significance of the 'like product' definition in a trade remedy investigation?

    <p>It establishes the basis for comparing domestic and imported products</p> Signup and view all the answers

    What is the requirement for demonstrating the causal link between imports and material injury in a trade remedy investigation?

    <p>Imports must be 'a' cause of material injury, but not necessarily the primary cause</p> Signup and view all the answers

    What is the primary consideration in evaluating the harm caused by unfairly traded imports?

    <p>The severity of the injury caused by imports</p> Signup and view all the answers

    In a safeguard investigation, what is the primary consideration for determining whether a product is 'directly competitive'?

    <p>Price elasticity and market criteria</p> Signup and view all the answers

    What is the requirement for showing 'unforeseen developments' in an injury analysis?

    <p>The unforeseen developments must result in increased imports of the specific product</p> Signup and view all the answers

    What is the role of Article 15 of the SCM Agreement in defining injury in an AD/CVD investigation?

    <p>It requires that the definition of injury take into account the provisions of the SCM Agreement</p> Signup and view all the answers

    In determining 'like product', what is the primary consideration of the ITC?

    <p>Whether the product is 'substantially identical' to the domestic product</p> Signup and view all the answers

    What is the relationship between the AD Agreement, SCM Agreement, and the definition of injury in the U.S. statute?

    <p>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</p> Signup and view all the answers

    What is the primary purpose of the Agreement on Subsidies and Countervailing Measures?

    <p>To counter the effect of subsidies provided by foreign governments</p> Signup and view all the answers

    What is the role of the Department of Commerce in antidumping investigations in the US?

    <p>To decide whether there are dumped imports</p> Signup and view all the answers

    What is the requirement for a safeguard investigation under the Agreement on Safeguards?

    <p>A showing of material injury or threat thereof caused by increased imports</p> Signup and view all the answers

    What is the significance of Article VI in the context of antidumping duties?

    <p>It leaves ample room for interpretation in determining the existence of dumped imports</p> Signup and view all the answers

    What is the purpose of the three-step analysis in countervailing duty investigations?

    <p>To offset the effect of subsidies provided by foreign governments</p> Signup and view all the answers

    In a safeguard investigation, what is the significance of the 3% and 7% thresholds?

    <p>They set the threshold for cumulating injury from multiple countries in a single petition.</p> Signup and view all the answers

    What is the primary distinction between a safeguard measure and an antidumping duty?

    <p>The unilateral nature of the measure.</p> Signup and view all the answers

    Under what circumstances can lower labor standards or lower regulation be considered a more important cause of serious injury?

    <p>Never, as it is explicitly excluded by the relevant statute.</p> Signup and view all the answers

    What is the significance of the Georgetown Steel case in the context of safeguard investigations?

    <p>It upheld the legality of unilateral safeguard measures under WTO law.</p> Signup and view all the answers

    What is the primary purpose of the 'increase in imports' analysis in a safeguard investigation?

    <p>To establish the causal link between imports and serious injury.</p> Signup and view all the answers

    What is the minimum margin of dumping required for an investigation to be dismissed under US law?

    <p>2%</p> Signup and view all the answers

    What is the primary purpose of the Third Country Method in antidumping investigations?

    <p>To determine the normal value of the product</p> Signup and view all the answers

    Which of the following is a requirement for a financial contribution to be considered a subsidy under the Agreement on Subsidies and Countervailing Measures?

    <p>The financial contribution must be provided by a government or public body</p> Signup and view all the answers

    What is the primary purpose of the home market method in antidumping investigations?

    <p>To determine the normal value of the product</p> Signup and view all the answers

    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?

    <p>Antidumping</p> Signup and view all the answers

    What is the term for the injury caused by unfairly traded imports to a domestic industry?

    <p>Material injury</p> Signup and view all the answers

    Which of the following is a requirement for a safeguard investigation under Article XIX of the GATT?

    <p>Unforeseen developments must have occurred</p> Signup and view all the answers

    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?

    <p>Constructed value method</p> Signup and view all the answers

    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?

    <p>Non-market economy</p> Signup and view all the answers

    What is the purpose of the dumping margin calculation in an antidumping investigation?

    <p>To determine the amount of antidumping duties to be imposed</p> Signup and view all the answers

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