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28 Harv. Int'l. L. J. 69 (1987)
Preventative Approach to Import-Related Disputes: Antidumping, Countervailing Duty, and Section 337 Investigations, A

handle is hein.journals/hilj28 and id is 79 raw text is: VOLUME 28, NUMBER 1, WINTER 1987 A Preventative Approach to Import-Related Disputes: Antidumping, Countervailing Duty, and Section 337 Investigations William A. Zeitler* INTRODUCTION Today's foreign producer or exporter to the United States confronts an increasingly confusing and complex body of U.S. law which seeks Ło promote fair trade. The principal statutes concerned with disputes over unfairly traded imports are the antidumping law,' the counter- vailing duty laws,2 and section 337 of the Tariff Act of 1930, as amended.3 The confusion stems from several sources. Although all three statutes deal with unfairly traded imports, they are administered and enforced separately.4 Another cause of confusion is that although all three statutes require proof of injury to a United States industry before a violation can be found, the standard for injury differs among them. Finally, the statutes were designed to promote a variety of policies, not all of which are consistent with one another. These policies include the protection of United States industries, the need to lower tariffs, the need to raise revenue, the consideration of domestic antitrust concerns, and the need to maintain an open and free market for trade. From the standpoint of a foreign manufacturer, exporter or importer involved in the import and sale of articles in the United States, the trade statutes provide a number of reasons for concern. Defending proceedings under the statutes is expensive, and their outcomes are unpredictable. Section 337, antidumping and countervailing duty proceedings also have a definite chilling effect on sales. Once proceed- ings are instituted, United States customers will often seek alternative * Associate, Seki & Jarvis, New York; J.D., University of Virginia Law School, 1968; B.S.F.S., Georgetown, 1965. Formerly Senior Supervising Attorney, Office of Unfair Import Investigations, United States International Trade Commission. 1. 19 U.S.C. §§ 1673, 1675, 1677 (1982 & Supp. III 1985). 2. Id. §§ 1671, 1675, 1676, 1677. 3. Id. § 1337. 4. The agency charged with responsibility for administering section 337 investigations is the United States International Trade Commission (ITC). Antidumping and countervailing duty investigations, on the other hand, are administered jointly by the ITC and by the Department of Commerce (Commerce).