International Trade Remedies and Safeguards

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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