Analysis Of US International Trade Commission Decisions In Antidumping, Countervailing Duty And Safeguard Cases Essay

foreign betray delegacyIntroduction transnational tidy sum deputation (ITC) is definite by US Legal as an commutative quasi-judicial federal agency with broad investigative responsibilities on matters of dish out. The agency mainly focuses on the investigation that surrounds the effect of dumped and subsidized imports on the domestic market and industries and conducts some world(a) investigation with the engender of safeguarding. ITC also disperses with the cases that deal with the imports violation of property rights (Knes). Thus, the system mainly deals with providing the rules that govern the external apportion.History The issue of international calling and tariffs had a great impact on the unify States saving in the late 19th century. This was because the uncouth was experiencing unprecedented industrialization and expansive conduct with partners beyond the borders. Through an act of 15th May, 1882 President Chester A. Arthur establish a tariff management under the Treasury to check into the countrys economic activities and hire recommendations on the tariff regulation. An new(prenominal) commission was appointed in 5th August 1909 pursuant to Payne-Aldrich obligation Act, with the mandate collecting useful data that would help the government administer tariff laws. However, the commission was abolished in the mid-1912. A permanent solution was required on the issue of tariffs and international look at. The process to establish a tariff commission that would easily address international trade issues in the long term was started initiated in 1914, with the realization came in 1916 (Usitc.gov). The agency was formed by the US government, finished the US congress, as an case-by-case agency in the year 1916 and was named the duty citizens committee (Usitc.gov). The name of the agency was later changed to the United States international trade commission. The change was effected with section 171 of the divvy up Ac t of 1974. The agency has three major elements in its mission that include to administer US trade remedy laws within its mandate in a comme il faut and an objective manner (Usitc.gov). The second element is to provide the president, and the congress with independent analysis, information, and delay on matters of tariffs, international trade, and US competitiveness. Finally, the last element of the mission n relates to the maintenance of the Harmonized Tariff Schedule of the United States (HTS). In this light, to achieve it mandates, the commission is run by six commissioners who argon tasked with implementing the several(a) regulations and duties mandated to the commission. The six commissioners are appointed by the president through the advice and the approval of the senate. The term of the commissioners is mainly a nine years term although the term might be shorter if a commissioner is appointed to refill an valid term (Usitc.gov).Mandate The commission was set to f ulfill certain mandates that were very(prenominal) crucial to the American economy. Mainly, the commission has five major merchandise operations which are aimed at serving the commissions clients who are mainly external clients (Usitc.gov). The operations are import injury investigations, intellectual property-based import investigations, industry and economic analysis, tariff and trade information services and trade policy support.Import injury This operation mainly regards the investigations that are undertaken to assess the antidumping and countervailing duty or subsidy. This operation is done in collaboration with the United States department of commerce. Although the investigations are done in collaboration, both institutions address different goals in these investigations (Usitc.gov). The department of commerce main focus is on establishing whether the circumstance of the dumping and subsidizing as well as the take of dumping and subsidizing amount. On the new(preno minal) hand, the commission aims at establishing whether the US economy and industries are threatened by the said dumping and subsidizing (US national make out Commission Recommends Privacy Be Put At Heart Of Facial Recognition technical school). investigation on the import injury is prompted by the petitions that are filed by the US industries, who believe that the imports are change in the US market at a price that is lower than the fair value. Prices lower than the fair value proves dumping. Additionally, the industries petition against the imports that are advantaged in the sense that they enjoy counter available subsidies that are provided through the foreign government programs (Usitc.gov). The main reason for petitioning is because these acts make the marketing space unfair thus the industries aim at leveling the playing field. If the decisions are arrived at by the both agencies are affirmative of the petitions put to them by the industries petitioners, the c ommerce department issues an order to restrict this imports. The omission is also responsible for conducting investigations that relate to the global safeguards and market disruptions that may cause harm to the American industries (Usitc.gov). In effect, the commission makes recommendations to the president these recommendations are aimed at offering remedy to the injury caused and facilitate industry adjustment to competition from outside products.Intellectual dimension Based Import Investigations The commission is luxuriouslyly involved in petitions regarding intellectual property rights. These petitions rate to secure and trademark infringements that are caused by imported goods. The investigation if successful results to a remedy that informs the customs forbid infringing imports from accounting entry the boundaries (Usitc.gov). Furthermore, the commission may issue orders that bar those who are engaged in unfair acts from entering the country. According to a newspaper article written by Soder indicate that, the commission has agreed to investigate whether 17 retailers including big-name brands such as the Gap, American Eagle and Abercrombie & Fitch are importing jeans do in a way that violates patents owned by RevoLaze LLC of Westlake.Industry and Economic Analysis The commission is also mandated with industrial and economic analysis task. This analysis is done by two offices that are the Office of Industries and the Office of economics (Usitc.gov). The commission offers this two offices expert support on economic matters (Pandit, Pg. 15). A good example is when the commission was requested by the US Senate Committee on Finance to investigate the effects of the digital trade in the US and the world economy in general (USITC, Pg. 1). The commission put the finding in three level tiers, where the findings were grouped as the firm level finding, industry level findings and economy level findings. The firm-level research was condu cted on ten digital intensive industries (USITC, Pg. 32). The firms were questioned on the reason and the benefits they derived from using digital technology. The results of single firms culminated to the results of the various industries. The economy wide findings summed the benefits of all the companies and industries and summarized them to general benefits (USITC, Pg. 33). This report gives a clear indication of the importance of the commission in providing the technical support to the various arms of government.Tariff and Trade Information serve The commission is also tasked with investigations that regarding tariffs. The United States economies practices some harmonized tariffs mechanism (Usitc.gov). Therefore, the commission makes recommendations regarding the modifications of the harmonized tariffs schedules so that to ensure the tariffs are in line with the World Custom Organization recommendations (Greenbaum et al., Pg. 160). A blog posted by Ngoriel indicates the commission conducted research to determine the hurdles that the US SMEs are facing when trading with the EU. The research findings indicate that the SMEs are facing various barriers that are unduly heavy on them when compared to the large companies. The commission made suggestion that the SMEs should be included in the trade negotiations between the US and the EU. Ngoriel indicated that, among the disputes that were affecting the SMEs included high tariffs and inconsistent EU rules and testing mandates non-science-based regulations, and a lack of harmonization between U.S. and EU standards.Trade policy Support The trade policy makers, both in the executive and the legislative branch of the government, source for the technical support from the commission (Usitc.gov). Additionally, the commission offers the government information on the various international trade issues through their various researches, briefings and meetings, and testimonies at the congressional hearings. Add itionally, under this operation the commission is tasked with the work of making some final examination decisions on behalf the office of the president as well as drafting the Presidents decrees and other registers (Usitc.gov).Benefits of the Commission to the US Economy The commission offers significant benefits to the United States economy. One, the commission offers noteworthy advantages to the countrys industries, especially when they are facing unfair competition from Imports. According the article published by V. throng Adduci II and Tom M. Schaumberg in The American Corporate Counsel Magazine, the intellectual property owners waste discovered the commission offers them an efficient and cost effective mechanism for protecting their rights (Caddel). In this regard, several jurisdictions around the globe control amended their laws and regulations in order to make them be congruent with the Act through which the Commission was founded. The Uruguay Round Agreemen ts Act (URAA) amended its section 337 to make compliant with US international obligations (V. James Adduci II and Tom M. Schaumberg). In addition, the commission is helpful in establishing fair trading environment for the firms in the United States. According to Ngoriel, the commission improved the SMEs voice on the unfair treatment in their trading with the European Union. The commission affirmed the SMEs position on the high tariffs which the SMEs have to meet in their international trade operations (Usitc.gov). The commission emphasized on the need to incorporate the SMEs in any international trade negotiations with the United States trading partners. Furthermore, the commission is essential in ensuring that the government is furnished with proper international trade information. This is done through research that is conducted by the commission and ultimately providing precise and accurate information that would devolve the government to make proper decisions (Usitc.gov ). A good example is the research that the commission conducted on behalf of the Senate (Bilmes). The research enabled the commission to make conclusive arguments regarding the impact of digital technology on the US firms, industries, and the economy as well as the world at large.Challenges Faced by the Commission The most significant challenge or difficult the difference of the trade laws among the various US trading partners. Some trade partners are very crucial to the running and success of the United States economy (Usitc.gov). Therefore, difficulty arises when the commission tries to harmonize the trading laws that govern the partners and the United States. This is seen in Caddel (Pg. 9) research paper, where the Caddel states that, The Customs judgeship Act of 1980 created a special U.S. Court of International Trade with exclusive jurisdiction over appeals from the ITA and ITC. This act specifically provides standing for foreign companies and other domestic industries t o challenge decisions and even allows the Court to hold hearings in foreign countries to ensure that foreign companies have the opportunity to respond. The result is a philander that commonly rules against decisions of the ITA and ITC and maintains a rough balance between protectionism and kick trade. Additionally, although the commission is an independent institution, it faces some restriction in its operations. One the commission acts as an arbitration court for various issues it handles. After the commission makes a determination, the ruling is subjected to additional reviews by the US Court of Appeals (McDermott go away & Emery, Pg. 7). Moreover, all the determinations made by the commission are subjected to the presidential review. Although the presidential reviews are limited in scope by the public policy concerns, there have been a handful of instances when the commission recommendations and determinations have been rejected or overturned by the president (McDermott W ill & Emery, Pg. 7). Also, the commission faces some challenges through political interference. Caddel (Pg 1) states that, Research on the U.S. International Trade Commission (ITC), an independent agency responsible for adjudicating AD/CVD claims, finds complex evidence of political run in these cases. This demonstrates the political influence on the commission activities the political influence is attributed to the congressional dominance. The congress influence is seen through its oversight powers over the commission (Caddel, 5).Recommendation to the Challenges The commission is very crucial to the running of the countries affairs in the international arena. Therefore, the government should work tirelessly to improve the trade relationship with its partners which will easily ease the operations the commission operation (Knes, Baldwin and Steagall). Due to the free trade agreements with partners like Canada and Mexico, the commission easily deals with these economies when de aling with trade harmonization operations (Knes). Moreover, the commission should be prone a strong judicial framework that will earn the confidence of many individual, companies and economies. This judicial readiness will enable the commission ruling to be taken as final, thus minimizing the appeals of the commission rulings. In effect, the consequential results will be an increase confidence in the commission.Conclusion The United States International Trade Commission is an important organ in the US economy and the relations with the global players. The commission has done for(p) through significant metamorphosis that started in the late 19th century. The commission has increasingly been helpful in solving various issues that are face the United States industries. The commission has been in the forefront of protecting the economys players from unfair trade practices.ReferencesAdduci II, V. James Adduci II, and Tom M. Schaumberg. Section 337 Offers Significant Advantages Wh en Facing Unfair tilt From Imports Adduci, Mastriani & Schaumberg LLP. Adduci.com. N.p., 2013. Web. 8 Dec. 2014.Baldwin, Robert E, and Jeffrey W Steagall. Analysis Of US International Trade Commission Decisions In Antidumping, Countervailing Duty And fortress Cases. London Centre for Economic Policy Research, 1994. Print.Bilmes, Jack. Generally Speaking Formulating An Argument In The US federal Trade Commission. Text & Talk An Interdisciplinary Journal of Language, Discourse Communication Studies 28.2 (2008) 193-217. Web.Caddel, Jeremy. Domestic argument Over Trade Barriers In The US International Trade Commission. International Studies Quarterly 58.2 (2013) 260-268. Web.Greenbaum, Noam et al. Paleohydrology Of phenomenal Floods Along The Swakop River At The Margin Of The Namib Desert And Their Paleoclimate Implications. Quaternary Science Reviews 103 (2014) 153-169. Web.Knes, Michael. U.S. International Trade Commission Duties, Benefits. Referenceforbusiness.com. N.p., 2014 . Web. 8 Dec. 2014.Ngoriel,. U.S. International Trade Commission Releases Report On How T-TIP Will Benefit Small Businesses. Sba.gov. N.p., 2014. Web. 8 Dec. 2014.Pandit, Ram. US Trade Barriers And Import Price Of Canadian Softwood Lumber. The International Trade Journal 23.4 (2009) 399-421. Web.Soder, Chuck. U.S. International Trade Commission To Investigate If Retailers Are Importing Jeans Violating Revolaze Patents. Crains Clevleand Business 2014. Web. 9 Dec. 2014.US Federal Trade Commission Recommends Privacy Be Put At Heart Of Facial Recognition Tech. Biometric Technology Today 2012.10 (2012) 1-2. Web.USITC,. 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