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

internationalist mass citizens committeeIntroduction world(prenominal) batch steering (ITC) is definite by US Legal as an independent quasi-judicial federal agency with broad investigatory responsibilities on matters of trade. The agency generally focuses on the investigating that surrounds the effects of dumped and subsidise imports on the domestic market and industries and conducts somewhat ball-shaped investigation with the draw of safeguarding. ITC also deals with the cases that deal with the imports violation of plaza rights (Knes). Thus, the system mainly deals with providing the rules that say the multinationalist trade.History The issue of international trade and tariffs had a ample impact on the united States delivery in the late nineteenth century. This was because the country was experiencing unprecedented industrialization and expansive trade with partners beyond the borders. through an act of 1fifth May, 1882 President Chester A. Arthu r appointed a tariff counsel under the Treasury to investigate the countrys economic activities and nominate recommendations on the tariff regulation. Another bearing was appointed in 5th August 1909 pursuant to Payne-Aldrich Tariff human activity, with the mandate collecting useful learning that would help the regime administer tariff laws. However, the guidance was abolished in the mid-1912. A permanent solution was required on the issue of tariffs and international trade. The abut to establish a tariff missionary station that would easily reference book 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 g everywherenment, through the US congress, as an independent agency in the year 1916 and was come upond the Tariff way (Usitc.gov). The name of the agency was later changed to the join States international trade electric charge. The change was naturalized thr ough section 171 of the raft Act of 1974. The agency has three major(ip) elements in its mission that include to administer US trade salve laws within its mandate in a passably and an objective direction (Usitc.gov). The second element is to provide the president, and the congress with independent analysis, information, and certify on matters of tariffs, international trade, and US competitiveness. Finally, the last element of the mission n relates to the aliment of the Harmonized Tariff Schedule of the United States (HTS). In this light, to achieve it mandates, the heraldic bearing is run by six committeeers who be tasked with implementing the various regulations and duties mandated to the direction. The six commissioners atomic number 18 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 unexpired term ( Usitc.gov).Mandate The commission was set to fulfill certain mandates that were very crucial to the American economy. Mainly, the commission has five major acts which atomic number 18 aimed at serving the commissions clients who be mainly external clients (Usitc.gov). The unconscious processs are import injury investigations, keen property-based import investigations, industry and economic analysis, tariff and trade information operate and trade form _or_ system of government assist.Import injury This operation mainly regards the investigations that are undertaken to assess the anti cast away and countervailing duty or subsidy. This operation is through in collaboration with the United States subdivision of commerce. Although the investigations are do in collaboration, both institutions address different goals in these investigations (Usitc.gov). The department of commerce main focus is on establishing whether the occurrence of the dumping and subsidizing as we ll as the take of dumping and subsidizing amount. On the other hand, the commission aims at establishing whether the US economy and industries are threa cristaled by the said dumping and subsidizing (US Federal calling centering Recommends Privacy Be rank At Heart Of nervus facialis Recognition Tech). Investigation on the import injury is prompted by the petitions that are filed by the US industries, who believe that the imports are sold in the US market at a price that is lower than the fair value. Prices lower than the fair value indicates dumping. Additionally, the industries petition against the imports that are advantaged in the adept 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 accept the marketing space raw indeed the industries aim at leveling the playing field. If the decisions are arrived at by the both agencies are affirmative of the petitions laid to them by the industries petitioners, the commerce 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 works recommendations to the president these recommendations are aimed at offering remedy to the injury caused and allay industry adjustment to competition from outside products.Intellectual Property base Import Investigations The commission is highly involved in petitions regarding smart property rights. These petitions rate to patent and trademark infringements that are caused by imported level-headeds. The investigation if successful effects to a remedy that informs the customs prevent infringing imports from entering 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 made in a way that violates patents owned by RevoLaze LLC of Westlake.Industry and Economic epitome The commission is also mandated with industrial and economic analysis task. This analysis is done by two dominances that are the Office of Industries and the Office of Economics (Usitc.gov). The commission offers this two offices technical support on economic matters (Pandit, Pg. 15). A close 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 purpose in three level tiers, where the findings were grouped as the firm level finding, industry level findings and eco nomy level findings. The firm-level look was conducted 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 private 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 distribute Information Services The commission is also tasked with investigations that regarding tariffs. The United States economies practices some gibe 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 impost Organization recommendations (Greenbaum et al., Pg. 160). A blog posted by Ngoriel indicates the commission conducted search to determine the hurdles that the US SMEs are lining when trading with the EU. The seek findings indicate that the SMEs are facing various barriers that are unduly grievous on them when compared to the large companies. The commission made suggestion that the SMEs should be include in the trade negotiations amid the US and the EU. Ngoriel indicated that, among the challenges that were affecting the SMEs included high tariffs and inconsistent EU rules and testing mandates non-science-based regulations, and a lack of harmonization surrounded by 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 m eetings, and testimonies at the congressional hearings. Additionally, under this operation the commission is tasked with the work of making some final decisions on behalf the office of the president as well as drafting the Presidents decrees and other documents (Usitc.gov). realises of the Commission to the US Economy The commission offers significant benefits to the United States economy. matchless, 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 go discovered the commission offers them an efficient and cost hard-hitting mechanism for protecting their rights (Caddel). In this regard, several jurisdictions around the globe have amended their laws and regulations in order to make them be congruent with the Act through which the Co mmission was founded. The Uruguay Round Agreements Act (URAA) amended its section 337 to make compliant with US international obligations (V. crowd 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 specify 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 native 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 complete information that would guide the g overnment 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 passing 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, clog 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 Court 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(a) for foreign compa nies and other domestic industries to challenge decisions and even allows the Court to think about hearings in foreign countries to ensure that foreign companies have the opportunity to respond. The result is a court that commonly rules against decisions of the ITA and ITC and maintains a rough balance between protectionism and free 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 allow for & 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 spurned or overturned by the president (McDermott Will & Emery, Pg. 7). Also, the commission faces some challenges through governmental 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 mixed evidence of political influence 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 entrust easily ease the operations the commission operation (Knes, Baldwin and Steagall). Due to the free trade agreements with partners like Canada and Mexico, the co mmission easily deals with these economies when traffic with trade harmonization operations (Knes). Moreover, the commission should be given a strong judicial framework that will earn the confidence of umpteen individual, companies and economies. This judicial strength 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 gone through significant transfiguration 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. Schaumbe rg. Section 337 Offers Significant Advantages When Facing Unfair Competition 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 Safeguard Cases. London Centre for Economic Policy Research, 1994. Print.Bilmes, Jack. primarily 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 help Competition Over Trade Barriers In The US International Trade Commission. International Studies Quarterly 58.2 (2013) 260-268. Web.Greenbaum, Noam et al. Paleohydrology Of Extraordinary Floods Along The Swakop River At The mete Of The Namib Desert And Their Paleoclimate Implications. Quaternary Science Reviews 103 (2014) 153-169. Web.Knes, Michael. U.S. International Trade Com mission 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 at present 2012.10 (2012) 1-2. Web.USITC,. Digital Trade In The U.S. And Global Economies, Part 2. 1st ed. United States International Trade Commission, 2014. Web. 8 Dec. 2014.Usitc.gov,. About The USITC USITC. Usitc.gov. N.p., 2014. Web. 8 Dec. 2014.Usitc.gov,. E-Discovery Limits USITC Considers Proposal To contour Section 337Investigations. U sitc.gov. N.p., 2014. Web. 8 Dec. 2014.Source document