Law Offices of Michael R. Doram
| What
laws in addition to the dumping statute protect U.S. producers
against unfair import competition?
The countervailing duty law protects against subsidized imports that injure U.S. producers of the like product. The procedures are similar to the procedures applicable to antidumping cases. If imports are found to be subsidized and are also found to be a cause or threat of material injury, a countervailing duty is imposed in the amount of the subsidy determined. In addition, Section 337 of the Trade Act protects against unfair methods of competition or unfair acts in the importation of articles into the U.S. This statute, which is administered by the U.S. International Trade Commission, has been applied almost entirely to patent and other intellectual property violations. Is there any legal remedy if imports are being "fairly" traded, but are nonetheless causing or threatening to cause serious injury? Yes. Section 201 of the Trade Act provides that if products are being imported in such increased quantities as to cause or threaten serious injury to the U.S. industry, a "safeguard" measure may be imposed to prevent or remedy the serious injury and facilitate adjustment. The U.S. International Trade Commission determines whether the criteria imposed by Section 201 have been met, and the President determines what, if any, relief is appropriate. |
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