International Trade Remedies and Safeguards
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What is the primary purpose of Safeguard Measures?

  • To address unfair trade practices by foreign companies
  • To impose quantitative restrictions on imported goods
  • To provide subsidies to domestic industries
  • To address fair trade practices and prevent serious material injury to U.S. industries (correct)

What is a requirement for implementing Safeguard Measures?

  • Material injury to U.S. industries must be threatened or caused (correct)
  • The U.S. industry must be producing a similar product
  • The imported goods must be priced below the normal value
  • The exporting country must provide a subsidy to its exporters

What was the basis of the petitions filed by Georgetown Steel & Continental Steel in November 1983?

  • Subsidized and countervailable Carbon Steel Wire Rod (correct)
  • Restrictive trade practices in Carbon Steel Wire Rod
  • Discriminatory tariffs on Carbon Steel Wire Rod
  • Alleged dumping of Carbon Steel Wire Rod

What is the relationship between Safeguard Measures and Tariff Concessions?

<p>Safeguard Measures are an exception to Tariff Concessions (D)</p> Signup and view all the answers

What is the consequence of not offering compensation to affected foreign companies when implementing Safeguard Measures?

<p>The foreign companies can retaliate against the U.S. by imposing their own tariffs (C)</p> Signup and view all the answers

What was the ITA's initial determination regarding the petitions filed by Georgetown Steel & Continental Steel?

<p>Negative determination of subsidization and countervailability (A)</p> Signup and view all the answers

What was the reason for the CIT's remand of the cases to the ITA for further proceedings?

<p>ITA's failure to consider the economic incentives and benefits provided to exporters in NME (C)</p> Signup and view all the answers

What is the purpose of the 'escape clause' in the context of Safeguard Measures?

<p>To prevent a surge in imports from causing material injury to U.S. industries (C)</p> Signup and view all the answers

What was the outcome of Georgetown Steel's complaint in the CIT?

<p>The complaint was dismissed due to a procedural irregularity (C)</p> Signup and view all the answers

What is the central issue in the petitions filed by Georgetown Steel & Continental Steel?

<p>Whether the economic incentives and benefits provided to exporters in NME constitute a 'bounty' or 'grant' under Section 303 (A)</p> Signup and view all the answers

What is the primary goal of Safeguard Measures, as per the WTO rules?

<p>To ban Voluntary Restraint Agreements (VRAs) and deter protectionism (D)</p> Signup and view all the answers

What is the requirement for imposing Safeguard Measures, with regards to imports?

<p>A sudden, sharp, and significant increase in imports (B)</p> Signup and view all the answers

What is the main difference between material injury in Antidumping/Countervailing Duty (AD/CVD) cases and Safeguard Measures?

<p>Material injury is harder to prove in Safeguard Measures (C)</p> Signup and view all the answers

What is the relationship between Safeguard Measures and WTO rules?

<p>Safeguard Measures are an escape clause to violate WTO rules against tariff concessions (D)</p> Signup and view all the answers

What is the lesser duty rule in the context of trade remedies?

<p>Imposing a lesser duty than the dumping margin if that is sufficient to eliminate harm (A)</p> Signup and view all the answers

What is the primary goal of safeguard measures according to the WTO agreement?

<p>To facilitate adjustment and revive the industry (C)</p> Signup and view all the answers

What is the basis for determining the volume of imports before the sudden increase in imports?

<p>Last 3 representative years of imports (C)</p> Signup and view all the answers

What is the primary reason why safeguards do not always have to be duties?

<p>Because the WTO agreement allows for flexibility in safeguard measures (C)</p> Signup and view all the answers

What is the purpose of the International Trade Commission (ITC) requiring an adjustment plan before the implementation of safeguard measures?

<p>To plan out how to revive the industry (D)</p> Signup and view all the answers

What is the consequence of implementing safeguard measures that are not WTO-consistent?

<p>The country implementing the measure may face both compensation and retaliation (D)</p> Signup and view all the answers

What is the primary purpose of trade remedies in the context of WTO agreements?

<p>To allow for tariff rates above bound rates under certain conditions (B)</p> Signup and view all the answers

What is the bound rate in the context of WTO agreements?

<p>The maximum tariff that can be levied on a good (D)</p> Signup and view all the answers

What is the role of Article XI in the context of trade remedies?

<p>It restricts the use of quantitative non-tariff barriers (A)</p> Signup and view all the answers

What is the purpose of the schedule of concessions for a WTO member?

<p>To outline the maximum tariff that can be levied on certain goods (D)</p> Signup and view all the answers

What are the two government agencies in the U.S. involved in trade remedies?

<p>US DOC and US ITC (B)</p> Signup and view all the answers

What is the primary purpose of the quantity questionnaire in the context of trade remedies?

<p>To gather information about the quantity of goods imported (A)</p> Signup and view all the answers

What is the term for the practice of selling goods at a price lower than the cost of production or the price at which the same goods are sold in the home market?

<p>Dumping (C)</p> Signup and view all the answers

What is the purpose of the price undertaking in the context of trade remedies?

<p>To settle the dispute without litigation (D)</p> Signup and view all the answers

What is the term for the response to fair trade practices?

<p>Safeguard Measure (A)</p> Signup and view all the answers

What is the definition of a subsidy according to the Agreement on Subsidies and Countervailing Measures?

<p>A financial contribution by the government that confers a benefit (A)</p> Signup and view all the answers

What is the primary consideration for the President when deciding on Safeguard Measures?

<p>Public interest test and sustainability concerns (A)</p> Signup and view all the answers

What is the general principle for imposing Safeguard Measures on imports?

<p>MFN, except for Special Developing Countries and FTAs (D)</p> Signup and view all the answers

Under what circumstances can FTA countries be excluded from Safeguard Measures?

<p>If they have contributed significantly to the injury (D)</p> Signup and view all the answers

What is the maximum duration of Safeguard Measures?

<p>Up to 8 years (D)</p> Signup and view all the answers

What is the main difference between the injury threshold for Safeguard Measures and AD/CVD measures?

<p>Safeguard Measures require a higher level of injury (A)</p> Signup and view all the answers

What is the purpose of AD and CVD measures?

<p>To offset the unfair behavior (B)</p> Signup and view all the answers

What is the significance of the 'self-initiation' provision in AD/CVD investigations?

<p>It allows the government to initiate investigations on behalf of the domestic industry (B)</p> Signup and view all the answers

What is the result of a sunset review in AD/CVD investigations?

<p>The possibility of continuation or recurrence is determined (C)</p> Signup and view all the answers

Why are Safeguard Measures generally considered to be MFN?

<p>Because they are imposed without regard to the country of origin (A)</p> Signup and view all the answers

What is the main difference between Safeguard Measures and AD/CVD measures in terms of their application?

<p>Safeguard Measures are applied on an MFN basis, while AD/CVD measures are applied in respect to specific exporting countries/exporters (C)</p> Signup and view all the answers

What is the requirement for the application of a Countervailing Duty (CVD) against a new owner of a company that previously received a subsidy?

<p>The new owner must have received a direct benefit from the subsidy. (B)</p> Signup and view all the answers

What is the consequence if the USTR declines to initiate dispute resolution before the WTO after a subsidy has been found?

<p>The requesting US industry can file a regular CVD petition. (A)</p> Signup and view all the answers

What is the primary consideration for determining whether a subsidy is prohibited?

<p>The benefit received by the recipient of the subsidy. (C)</p> Signup and view all the answers

What is the requirement for an 'interested party' to request the Commerce Dept to investigate a suspected subsidy?

<p>The party must be a domestic producer of the same or similar goods. (A)</p> Signup and view all the answers

What is the purpose of the US law allowing an 'interested party' to request the Commerce Dept to investigate a suspected subsidy?

<p>To protect the US industry from unfair trade practices. (B)</p> Signup and view all the answers

What is the primary requirement for a domestic subsidy to be considered actionable under the SCM?

<p>The subsidy must be demonstrated to cause injury to the domestic industry. (D)</p> Signup and view all the answers

What is the key difference between the treatment of export subsidies and domestic subsidies under the SCM?

<p>Export subsidies are prohibited, while domestic subsidies are only actionable if they cause adverse effects. (A)</p> Signup and view all the answers

What is the primary challenge in challenging subsidies under the WTO?

<p>Proving that the subsidy causes adverse effects to the interests of another member (A)</p> Signup and view all the answers

What is the term for the benefit conferred on a recipient through a Direct Transfer of Funds, such as a loan guarantee or low-interest loan?

<p>Preference (C)</p> Signup and view all the answers

What is the primary requirement for a country to take advantage of the exception to the MFN requirement under Article VI of the GATT?

<p>The country must show that the effect of the subsidy is to cause or threaten material injury to the domestic industry. (B)</p> Signup and view all the answers

What is the relationship between the US countervailing duty law and the WTO's Agreement on Subsidies and Countervailing Measures?

<p>The US law is substantially similar to the WTO's SCM (D)</p> Signup and view all the answers

What is the purpose of the countervailing duty in the context of unfair trade practices?

<p>To remove the benefit of the subsidy by offsetting it at the border (B)</p> Signup and view all the answers

What is the key element in determining the existence of a subsidy under Article 1 of the Agreement on Subsidies and Countervailing Measures?

<p>The financial contribution by the government (D)</p> Signup and view all the answers

What is the relationship between the countervailing duty and the estimated bounty or subsidy under Article VI of the GATT?

<p>The CVD cannot be in excess of the estimated bounty or subsidy (A)</p> Signup and view all the answers

What is the consequence of a country's failure to demonstrate the causal link between the subsidized imports and the material injury to the domestic industry?

<p>The country may not impose a CVD on the subsidized imports (C)</p> Signup and view all the answers

In Non-Market Economies, what is the challenge in determining the existence of a subsidy?

<p>The state owns most of the actors in the market, making it difficult to distinguish between a command economy and a market economy. (B)</p> Signup and view all the answers

What is the primary purpose of Countervailing Duties?

<p>To offset the effect of unfair trade practices on domestic markets. (B)</p> Signup and view all the answers

In the context of Countervailing Duties, what is the relationship between material injury and causation?

<p>Material injury is a necessary condition for causation, but not sufficient. (D)</p> Signup and view all the answers

What is the significance of the 'snapshot' period in AD and CVD investigations?

<p>It is a period of investigation that is typically one year, during which unfair trade practices are examined. (D)</p> Signup and view all the answers

What is the purpose of Special Rules in Countervailing Duties?

<p>To ignore the market in Non-Market Economies and look at another un-manipulated economy. (C)</p> Signup and view all the answers

What is the primary consideration for rebutting the presumption of arm's length sale at fair market value in the context of subsidized imports?

<p>Demonstrating that market conditions were severely distorted by the government (B)</p> Signup and view all the answers

What is the effect of a privatization on subsidies, according to the WTO Appellate Body?

<p>The subsidies will only terminate if the sale is at fair market value (B)</p> Signup and view all the answers

What is the key factor in determining whether a subsidized import is considered a countervailing duty?

<p>The level of subsidization (C)</p> Signup and view all the answers

What is the relationship between material injury and countervailing duties?

<p>Material injury is a requirement for imposing countervailing duties (D)</p> Signup and view all the answers

What is the primary purpose of countervailing duties in the context of unfair trade practices?

<p>To protect domestic industries from subsidized imports (D)</p> Signup and view all the answers

Which of the following is a necessary condition for the imposition of a Countervailing Duty?

<p>Causation between the subsidy and the material injury (C)</p> Signup and view all the answers

What is the primary difference between a subsidy under Article 1 of the SCM and a subsidized import under Article 2 of the SCM?

<p>The benefit conferred on the recipient (B)</p> Signup and view all the answers

In the context of trade remedies, what is the primary purpose of establishing a causal link between the subsidized import and the material injury?

<p>To attribute the material injury to the subsidized import (B)</p> Signup and view all the answers

What is the primary requirement for a finding of material injury in the context of trade remedies?

<p>The threat of material injury (D)</p> Signup and view all the answers

Which of the following is an example of an unfair trade practice addressed by the WTO's Agreement on Subsidies and Countervailing Measures?

<p>Subsidization (C)</p> Signup and view all the answers

According to the Agreement on Subsidies and Countervailing Measures, what is a subsidy?

<p>A financial contribution by a government (A)</p> Signup and view all the answers

What is the main goal of the Agreement on Subsidies and Countervailing Measures?

<p>To regulate subsidies and countervailing measures (C)</p> Signup and view all the answers

What is the purpose of countervailing duties?

<p>To offset the benefit of a subsidy (B)</p> Signup and view all the answers

What is material injury in the context of unfair trade practices?

<p>A harm caused to a domestic industry (D)</p> Signup and view all the answers

What is the relationship between the US countervailing duty law and the WTO's Agreement on Subsidies and Countervailing Measures?

<p>The US law is consistent with the WTO agreement (C)</p> Signup and view all the answers

What is the key element in determining the existence of a subsidy under Article 1 of the Agreement on Subsidies and Countervailing Measures?

<p>A financial contribution by a government (B)</p> Signup and view all the answers

What is the primary consideration for determining whether a subsidy is prohibited?

<p>Whether it causes material injury (A)</p> Signup and view all the answers

What is the purpose of the 'escape clause' in the context of Safeguard Measures?

<p>To provide an exception to the MFN requirement (A)</p> Signup and view all the answers

What is the consequence of not offering compensation to affected foreign companies when implementing Safeguard Measures?

<p>The country will be subject to retaliation (D)</p> Signup and view all the answers

What is the relationship between the countervailing duty and the estimated bounty or subsidy under Article VI of the GATT?

<p>The countervailing duty is equal to the estimated bounty or subsidy (C)</p> Signup and view all the answers

What is the primary consideration for rebutting the baseline presumption of non-recurring subsidies after a privatization?

<p>Showing that the sale was not an arm's length transaction for fair market value (B)</p> Signup and view all the answers

What is the implication of the WTO Appellate Body's ruling on the effect of privatization on subsidies?

<p>Privatization can extinguish subsidies, but with several catches and tests (C)</p> Signup and view all the answers

What is theDOC's role in determining the fair market value of an arm's length sale?

<p>To analyze the sale price based on factors such as market conditions and government influence (B)</p> Signup and view all the answers

In what circumstances can a sale be considered an arm's length transaction for fair market value?

<p>When the sale price is at market value, and market conditions are not severely distorted by the government (D)</p> Signup and view all the answers

What is the potential consequence of a government's influence on market conditions during a sale?

<p>The market conditions may be severely distorted, affecting the sale price (C)</p> Signup and view all the answers

In the context of countervailing duties, what is the primary consideration for determining whether a subsidy is actionable?

<p>The presence of a benefit to the recipient (A)</p> Signup and view all the answers

How can a state-owned producer, such as a gas company, distort the market?

<p>By regulating the price of natural gas (B)</p> Signup and view all the answers

What is the primary goal of calculating the subsidy margin in a countervailing duty investigation?

<p>To determine the amount of the countervailing duty (C)</p> Signup and view all the answers

What is the primary consideration in determining the existence of a subsidy in a Non-Market Economy?

<p>The degree of government intervention in the economy (B)</p> Signup and view all the answers

What can be a positive externality of a low-carbon footprint in the market?

<p>Environmental benefits (D)</p> Signup and view all the answers

In the context of market distortion, what is the primary effect of a subsidy on the market?

<p>It creates an unfair advantage for the recipient (B)</p> Signup and view all the answers

How does the Countervailing Duty Law address the issue of market distortion in economies with significant government intervention?

<p>By looking at another unmanipulated economy to gather data (D)</p> Signup and view all the answers

What is the primary purpose of the Countervailing Duty in the context of unfair trade practices?

<p>To offset the effect of subsidies on domestic imports (C)</p> Signup and view all the answers

What is the challenge in calculating the benefit conferred by a subsidy in a State-Influenced Economy?

<p>Estimating the degree of government intervention in the economy (C)</p> Signup and view all the answers

How does the concept of positive externalities relate to the calculation of subsidies?

<p>It is a methodology for estimating the benefit conferred by a subsidy (B)</p> Signup and view all the answers

What is the primary requirement for a subsidy to exist under the SCM Agreement?

<p>A financial contribution by a government (A)</p> Signup and view all the answers

What is the primary challenge in determining the existence of a subsidy in a state-owned economy like China?

<p>Establishing the commercial benchmark (D)</p> Signup and view all the answers

What is the consequence of a non-specific subsidy in the context of the SCM Agreement?

<p>It is not subject to the SCM Agreement disciplines (A)</p> Signup and view all the answers

What is the primary goal of countervailing duties in the context of unfair trade practices?

<p>To prevent market distortion (A)</p> Signup and view all the answers

What is the purpose of calculating the commercial benchmark in a subsidy investigation?

<p>To provide a basis for comparison with market rates (D)</p> Signup and view all the answers

What is the key concept in determining whether a government's equity infusion is a subsidy?

<p>The consistency of the investment decision with private investor practice (B)</p> Signup and view all the answers

What is the significance of specificity in the context of the SCM Agreement?

<p>It is a determinant of whether a subsidy is subject to the SCM Agreement disciplines (B)</p> Signup and view all the answers

What is the result of a government's revenue forgone, such as through tax exemptions or reductions?

<p>A subsidy (C)</p> Signup and view all the answers

What is the primary challenge in addressing subsidies in the context of state-influenced economies?

<p>Determining the existence of a subsidy (D)</p> Signup and view all the answers

What is the primary effect of a subsidy on the market?

<p>It distorts market prices (C)</p> Signup and view all the answers

What is the consequence of a privatization on subsidies, according to the WTO Appellate Body?

<p>The arm's length sale at fair market value will, by itself, terminate the benefit of the prior subsidy. (D)</p> Signup and view all the answers

What is the requirement for an 'interested party' to request the Commerce Dept to investigate a suspected subsidy?

<p>The party must have a direct financial stake in the investigation. (D)</p> Signup and view all the answers

What is the primary consideration for determining whether a subsidy is prohibited under the WTO Agreement on Subsidies and Countervailing Measures?

<p>The benefit conferred on the recipient. (C)</p> Signup and view all the answers

What is the consequence of a country's failure to demonstrate the causal link between the subsidized imports and the material injury to the domestic industry?

<p>The investigation will be terminated and no countervailing duty will be imposed. (C)</p> Signup and view all the answers

What is the primary goal of the Agreement on Subsidies and Countervailing Measures, as per the WTO rules?

<p>To prevent the use of subsidies to distort international trade. (D)</p> Signup and view all the answers

What is the primary condition for a country to impose countervailing duties on imported goods?

<p>The importing country must demonstrate material injury to its domestic industry. (C)</p> Signup and view all the answers

In calculating the benefit of a subsidy, what is the key factor to consider?

<p>The value of the goods produced or exported using the subsidy. (C)</p> Signup and view all the answers

In state-influenced economies, what is a challenge in determining the existence of a subsidy?

<p>Distinguishing between government support and private investment. (B)</p> Signup and view all the answers

What is a potential positive externality of a low-carbon footprint in the market?

<p>Improved air quality and reduced environmental harm. (B)</p> Signup and view all the answers

In the context of trade remedies, what is the purpose of a countervailing duty?

<p>To offset the benefit of a subsidy to the recipient. (A)</p> Signup and view all the answers

What is the consequence of a government's influence on market conditions during a sale?

<p>The sale is considered a non-market economy transaction. (C)</p> Signup and view all the answers

In calculating the benefit of a subsidy, what is the role of Article 14 of the Agreement on Subsidies and Countervailing Measures?

<p>It sets out the rules for calculating the benefit of a subsidy. (C)</p> Signup and view all the answers

What is the primary requirement for a country to take advantage of the exception to the MFN requirement under Article VI of the GATT?

<p>The country must follow the specific rules for imposing countervailing duties. (A)</p> Signup and view all the answers

What is the effect of a countervailing duty on the benefit of a subsidy?

<p>It reduces the benefit of the subsidy to the recipient. (B)</p> Signup and view all the answers

What is the primary goal of countervailing duties in the context of unfair trade practices?

<p>To offset the benefit of a subsidy to the recipient. (A)</p> Signup and view all the answers

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