International Trade Remedies and Safeguards

To address fair trade practices and prevent serious material injury to U.S. industries

Material injury to U.S. industries must be threatened or caused

Subsidized and countervailable Carbon Steel Wire Rod

<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