Publisher's Synopsis
Excerpt from Are Imports to Attribution of Injury Under the Trade Act
Under Section 201 of the 1974 Trade Act, a domestic industry can obtain temporary protection against imports by demonstrating first, that it has been injured, and second, that increased imports have been a substantial cause of injury.1 Protection under the Act might take the form of a quota or tariff lasting for a period of five years, during which time the industry would presumably have an opportunity to make the adjustments necessary to strengthen its competitive international position. To obtain protection, the industry must make its case before the International Trade Commission (itc). The findings and recommendations of the itc are then reviewed by the President, who makes the final decision as 66 whether relief is warranted, and the form it will take.
Determining that an industry has been injured is relatively easy the itc can look to such indicators as reduced profits, plant closings, falling employment, and the like. What is much more difficult is determining whether imports, rather than one or more other factors, is the substantial cause of the injury, i.e., a cause which is important and not less than any other cause.2 Yet the itc must make this determination regularly in the growing number of cases brought before it each year. To date, the itc lack a coherent framework for selecting a menu of other factors which might be considered as causes of injury, and for weighing the effects of these other factors against those of imports.
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