This course is devoted to the study of US trade remedy law- antidumping, countervailing duty and safeguards. This course does not cover the World Trade Organization (WTO) rules related to antidumping, subsidies, countervailing duty or safeguards. The course is designed to provide students with an understanding of the purpose and operation of these important laws providing remedies for US businesses against competition from imports. The class will examine the procedural aspects as well as the substantive rules of each of these laws. Following is a list of the issues covered in the order in which they will be addressed. Students should read the material applicable to the subject the week prior to that subject being discussed. The relevant material is clearly identifiable in the Reader. Material related to Subsidies will be provided as a handout. The FIRST class will begin with an overview of the 3 laws which make up the field of “trade remedies”. Topic 1: SAFEGUARDS Topic a : Underlying Policy Issues Topic b: Procedural Aspects - The International Trade Commission - The Presidential Phase Topic c: The Substantive Rules - Increased imports - Industry Definition - Serious Injury Determination - Causation - Remedies - China, a special case In class exam Topic 2: THE REGULATION OF DUMPING Topic a: The economic theory and underlying policy issues Suggested additional Reading: Cato Institute, Brink Lindsey, The US Antidumping Law, Rhetoric vs Reality: www.cato.org Topic b: US Antidumping Law: i) Procedural Aspects - International Trade Commission - Department of Commerce ii) The Substantive Rules: Determinations of Dumping - Definition of Dumping - Calculation of Dumping Margin - Nonmarket Economies and Antidumping Rules - Anticircumvention measures Suggested additional Readings: Cato Institute, Brink Lindsay and Dan Ikenson, Antidumping 101, The Devilish Details of “Unfair Trade Law” At www.cato.org iii) The Substantive Rules: Injury Determinations -Industry and “like product” - Material Injury or Threat -Causation In class exam Topic 3:COUNTERVAILING DUTIES Topic a: Underlying Policy Issues Topic b: Procedural Aspects -International Trade Commission -Department of Commerce Topic c: The Substantive Rules: -Definition of countervailable subsidy -Valuation of subsidy In class exam TIME PERMITTING : TOPIC 4 Section 337 The class will be structure around a discussion of the reading material and an analysis of the assigned cases.
Eliza PATTERSON
Séminaire
English
Students are expected to read the material in the READER as well as any handouts that may be provided.
Autumn 2025-2026
Students' grades will be based on three in class exams - one after each of the three listed “Topics”. Each exam will count for 1/3 of the final grade. The exams will be one hour and will be closed book and done on paper. NO LAPTOPS The exams will consist of a number of questions about specific FACT SITUATIONS. Students will be asked to apply the law to the facts given. Students will NOT be asked to recite the law. – Understanding not memory will be tested.