Law and Policy in International Business

Articles from Vol. 25, No. 1, Fall

Are Valuation Cases Really Reviewed De Novo?
"How much duty will I pay?" is perhaps one of the most important and frequently asked questions from clients who import merchandise into the United States. In nearly all cases, the amount of customs duty to be assessed is a critical factor in computing...
Chapter 19 of the U.S.-Canada Free Trade Agreement and the North American Free Trade Agreement: Implications for the Court of International Trade
I. Introduction This Article will address the ways in which the provisions of the United States-Canada Free Trade Agreement (FTA),(1) which took effect in 1989, and the North American Free Trade Agreement (NAFTA),(2) will affect the work and...
Court of International Trade Deference to International Trade Commission and International Trade Administration Antidumping Determinations: An Empirical Look
I. INTRODUCTION The United States antidumping law imposes dumping duties on the sale of foreign goods in the United States "at less than its fair value"[3] when an industry in the United States is "materially injured or is threatened with material...
Judicial Review of International Trade Commission Determinations from October 1990 to September 1992
In this paper, we provide a brief discussion of several of the major issues in judicial decisions issued since October 1990 reviewing International Trade Commission (Commission or ITC) antidumping countervailing duty determinations. For the most part,...
Labor Rights and Labor Standards in International Trade
Differences in labor rights and labor standards among countries at varying levels of development are growing in importance as a factor in international trade. The North American Free Trade Agreement nearly failed passage in the United States Congress...
Recent Court Decisions concerning the Antidumping and Countervailing Duty Laws: A Forum for Debate
I. Introduction Several issues of broad legal significance have been decided by the Court of International Trade (CIT) and the Court of Appeals for the Federal Circuit (CAFC) over the course of the past year. These decisions affect both procedural...
Result-Neutral Efficiencies by the Department of Commerce in an Era of Budget Austerity
On June 30, 1992, the Department of Commerce (Commerce) received an enormous shipment of petitions requesting the initiation of antidumping and countervailing duty investigations on imports of flat-rolled carbon steel products from twenty countries.(1)...
Simplification of Antidumping Actions: Efficiency at What Price?
The large number of antidumping cases now pending before the Department of Commerce (Commerce), and the increasing costs of handling these cases, have led Commerce to consider various forms of simplifying its procedures and processes. Various procedures,...
The EC Proposed Data Protection Act
I. Introduction Technological advances have allowed modern society to store, process, and manipulate greater volumes of information than ever before. However, this new ability has also created troublesome social side effects. One such problem...
The European Community's Expansion Mechanism and the Differing Approaches of EFTA and Eastern Europe to Community Membership
I. Introduction A. European Community Expansion-1992 and Beyond Now that the European Community (EC or the Community) is approaching the end of its 1992 project, it is turning its attention to the matters that will follow the single market....
The Right Destination, but the Wrong Path: Suramerica De Aleaciones Laminadas, C.A. V. United States
One of the most significant recent judicial decisions involving antidumping and countervailing duty law is Suramerica de Aleaciones Laminadas, C.A. v. United States.(1) In Suramerica, the Court of Appeals for the Federal Circuit conclusively settled...
Value's Greatest Hits(and Misses): A Complete History of Judicial Decisions concerning Value under the Trade Agreements Act of 1979 - Volume One
I. Introduction As any customs lawyer knows, one of the most important steps in the imposition of a duty on imported merchandise is the valuation of the goods. Because most tariff rates are ad valorem, the assessed value of the merchandise plays...
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