Manual for the Practice of U.S. International Trade Law

Name: Manual for the Practice of U.S. International Trade Law
Brand: Kluwer Law International
Price: 921.99 EUR
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William Kitchell Ince Leslie Alan Glick(Herausgeber*in)

Kluwer Law International (Verlag)

Erschienen am 1. Januar 2002

1468 Seiten

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978-90-411-7895-4 (ISBN)

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Inhalt

Cover
Title Page
Copyright Page
INTRODUCTION
Table of Contents
CHAPTER 1 Section 337 of the Tariff Act of 1930 (Unfair Trade Practices and Methods of Competition in Importation of Products into the United States)
[1.01] BACKGROUND
[a] Description of Statute and Regulations
[1.02] PROCEDURES FOR CONDUCT OF AN INVESTIGATION UNDER SECTION 337
[a] General
[b] Institution of Investigation
[c] Discovery
[d] Hearing
[e] Commission Review
[f] Settlement and Pre-Trial Termination
[g] Counterclaims
[1.03] SUBSTANTIVE ISSUES
[a] Injury
[b] Unfair Acts and Methods of Competition
[c] Definition of Domestic Industry and Use of Section 337 by Foreign Companies and U.S. Companies Manufacturing Products Abroad
[d]Other Issues Relating to Domestic Industry
[1.04] PUBLIC INTEREST
[1.05] SECTION 337 AS AN ANTITRUST REMEDY
[1.06] CONCLUSION
APPENDIX
APPENDIX A SECTION 337 OF THE TARIFF ACT OF 1930
APPENDIX B USITC REGULATIONS CONCERNING SECTION 337 INVESTIGATIONS
APPENDIX C USITC REGULATIONS OF GENERAL APPLICABILITY
CHAPTER 2 Department of Commerce Countervailing Duty Investigations
[2.01] BACKGROUND AND PURPOSE
[2.02] DEPARTMENT OF COMMERCE PROCEDURES
[a] Petition
[b] Standing/Industry Support
[c]The Investigation
[d] Periodic Administrative Reviews
[e] Downstream Products and Anti-Circumvention
[2.03] REVOCATION
[a] Revocation in General
[b] Changed Circumstances Reviews
[c] Five-Year "Sunset" Reviews
[2.04] JUDICIAL REVIEW
[a] Before United States Courts
[2.05] SUBSTANTIVE PROVISIONS
[a] Countervailable Subsidies
[b] Non-Actionable Subsidies
[c] Net Countervailable Subsidy
[d] De Minimis Subsidies
[e] Upstream Subsidies
[f] Processed Agricultural Products
[g] Calculation of the Countervailing Duty Rate
[h] Privatization
[i] Program-Wide Changes
[j] Non-Market Economies
[2.06] MATERIAL INJURY
APPENDIX
APPENDIX A COVNTERVAILING DVTY STATVTE
APPENDIX B JVDICIAL REVIEW STATVTE
APPENDIX C U.S. DEPARTMENT OF COMMERCE COUNTERVAILING DUTY REGULATIONS
APPENDIX D STATUTORY TIMETABLE FOR COUNTERVAILING DUTY INVESTIGATIONS
CHAPTER 3 Department of Commerce Investigations Under the Antidumping Statute
[3.01] HISTORY AND PURPOSE OF THEANTIDUMPING STATUTE
[3.02] DEPARTMENT OF COMMERCE PROCEDURES
[a] Initiation
[b] Investigation
[c] Antidumping Duty Assessment - Annual Administrative Reviews
[d] Revocation of Dumping Orders
[e] Appeals
[f] Settlement Possibilities
[g] Scope Determinations
[3.03] THE PRICE COMPARISON UNDERLYING LTFV DETERMINATIONS
[a] U.S. Price
[b] Normal Value
APPENDIX
APPENDIX A ANTIDUMPING STATUTE
APPENDIX B U.S. DEPARTMENT OF COMMERCE ANTIDUMPING REGULATIONS
CHAPTER 4 Injury Investigations by the V.S. International Trade Commission in Antidumping and Countervailing DutyCases
[4.01] BACKGROUND
[4.02] INFORMATION SOURCES
[4.03] PROCEDURE
[a] Preliminary Phase Investigation
[b] Final Phase Investigation
[c] Termination and Suspension of Investigations
[d] Sunset Reviews
[e] Changed Circumstances Reviews
[f] Other Commission Proceedings
[4.04] SUBSTANTIVE ISSUES
[a] Sufficiency of Petition
[b] Scope (Product Description)
[c] Definition of Domestic Industry
[d] Negligible Imports
[e] Cumulation of Subject Imports
[f] Material Injury
[g] Threat of Material Injury
[h] Retardation of Establishment of an Industry
[i] Causation
[j] Preliminary vs. Final Determinations
[k] Critical Circumstances
[l] Sunset and Changed Circumstances Reviews
[4.04] JUDICIALREVIEW
APPENDIX
APPENDIX A V.S. INTERNATIONAL TRADE COMMISSION RVLES OF GENERAL APPLICATION (EXCERPTS)
APPENDIX B U.S. INTERNATIONAL TRADE COMMISSION ANTIDUMPING AND COUNTERVAILING DUTY REGULATIONS (EXCERPTS)
CHAPTER 5 Regulation of Agricultural Imports
[5.01] INTRODUCTION: TARIFFS AND NON-TARIFF BARRIERS
[5.02] THE URUGUAY ROUND OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE (GATT 1994): CONVERSION OF NON-TARIFF BARRIERS TOTARIFFS
[a] "Tariffication" and its Impact on U.S. Import Law
[b] Limitations on Non-Tariff Barriers: The Agreement on the Application of Sanitary and Phytosanitary Measures
[5.03] CURRENT IMPORT RESTRICTIONS AND THEIR APPLICATION
[a] Section 22 of the Agricultural Adjustment Act of 1933
[b] Marketing Order Requirements for Certain Fruit, Vegetable and Specialty Products
[c] Section 204 of the Agricultural Act of 1956:25 Bilateral Agreements to Limit Exports to the United States
[5.04] THE U.S.-CANADA FREE TRADE AGREEMENT AND THE NORTH AMERICAN FREE TRADE AGREEMENT: LOWERING THE BARRIERS TO AGRICULTURAL IMPORTS FROM CANADA AND MEXICO
[a] Lowered Tariffs and "Snapback" Duties
[b] NAFTA's Special Agricultural Safeguard Provisions
[c] Other NAFTA Protections
APPENDIX
APPENDIX A SECTION 22, AGRICULTURAL ADJUSTMENT ACT OF 1933
APPENDIX B SECTION 204, AGRICVLTVRAL ACTOF 1956
APPENDIX C AGREEMENT ON AGRICULTURE ANNEX TO THE FINAL ACT EMBODYING THE RESULTS OF THE URUGUAY ROUND OF MULTILATERAL TRADE NEGOTIATIONS, MTN/FA II-AIA-3
CHAPTER 6 Temporary Relief From Import Competition Under Section 201 of the Trade Act of 1974, The "Escape Clause
[6.01] HISTORY AND BACKGROUND
[a] History and Background of the Escape Clause
[b] WTO and Section 201
[c] U.S. Industry Preference for Other Import Relief Statutes
[6.02] PROCEDURES
[a] The Decision to Petition
[b] The Petition
[c] The Commission Investigation
[6.03] THE STATUTORY DETERMINATIONS
[a] The Domestic Industry
[b] Imports in Increased Quantities
[c] Serious Injury or the Threat Thereof
[d] Substantial Cause of Serious Injury
[e] Remedies
[f] Emergency Relief for Perishable Agricultural Products
[6.04] REMEDY CONSIDERATIONS AT THE WHITE HOUSE
[6.05] THE DURATION OF RELIEF
[6.06] THE INTERNET AND SECTION 201 RESEARCH
APPENDIX
APPENDIX A AGREEMENT ON SAFEGUARDS
APPENDIX B THE ESCAPE CLAVSE SECTION 201 OF THE TRADEACT OF 1974, ASAMENDED
APPENDIX C U.S. INTERNATIONAL TRADE COMMISSION REGULATIONS CONCERNING SECTION 201 INVESTIGATIONS
APPENDIX D RESULTS OF INVESTIGATIONS CONDUCTED UNDER SECTION 201
CHAPTER 7 Section 301 of the Trade Act of 1974
[7.01] INTRODUCTION
[7.02] HISTORY OF SECTION 301
[a] The Origins of Section 301
[b] Section 252 of the Trade Expansion Act of 1962
[c] Enactment of Section 301 of the Trade Act of 1974
[d] 1979 Amendments
[e] 1984 Amendments
[f] 1988 Amendments
[g] 1994 Amendments to Section 301
[7.03] PROCEDURES UND ER SECTION 301
[a] Pre-Petition Considerations
[b] Initiating Section 301 Procedures
[c] Review of a Petition
[d] Consultations
[e] Pursuing International Dispute Settlement
[f] Determining Whether the Practices Complained of Are Actionable
[g] Mandatory Versus Discretionary Action
[h] Determining What Action to Take
[i] Implementation of Actions
[j] Monitoring
[k] Modifying and Terminating Action Under Section 301
[7.04] RELATED PROVISIONS TRIGGERING SECTION 301 INVESTIGATIONS
[a] Super 301
[b] Special 301
[c] Government Procurement and Section 301
[d] Telecommunications and Section 301
[7.05] SUBSTANTIVE ISSUES UNDER SECTION 301
[a] Has Section 301 Lost its Vitality Since the Uruguay Round?
[b] Is Section 301 an Anachronism of a Bygone Era?
[c] Is Section 301 Still Necessary?
[d] Is Section 301 Consistent with WTO Rules?
APPENDIX
APPENDIX A UNITED STATES CODE ANNOTATED TITLE 19 - CUSTOMS DUTIES CHAPTER 12 - TRADEACT OF 1974
CHAPTER 8 The Generalized System of Preferences
[8.01] INTRODUCTION
[8.02] ELIGIBILITY REQUIREMENTS
[a] Eligible Countries
[b] Eligible Products
[8.03] PROCEDURES
[8.04] APPEALS
APPENDIX
APPENDIX A GENERALIZED SYSTEM OF PREFERENCES
APPENDIX B: U.S. TRADE REPRESENTATIVE'S GSP REGULATIONS
APPENDIX C U.S. CUSTOMS REGULATIONS REGARDING THE GSP
APPENDIX D LIST OF BENEFICIARY DEVELOPING COUNTRIES FOR GSP PURPOSES
Index
Back Cover

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