Import Laws

Background

Under longstanding U.S. law, harm to U.S. companies caused by dumped products can be offset by antidumping duties if U.S. government investigating agencies -- the Commerce Department and the International Trade Commission -- are satisfied that certain criteria are met. Similarly, these two agencies can impose countervailing duties on subsidized imports to offset harm caused to U.S. industries by those imports. And numerous other laws are designed to restrict imports on grounds ranging from public health and safety to national security to protection of intellectual property. Such laws are still on the books, even though the recently established World Trade Organization has as a mandate continuing efforts to reduce such practices worldwide.

Currently, various U.S. trade laws permit U.S. companies to obtain relief in the form of temporary or conditional import restrictions when those companies are injured by imports. Such injury might result from "unfair" practices such as dumping, subsidization, or intellectual property theft. In much rarer cases, the imports might simply be "injurious" to U.S. companies but not necessarily "unfair."
 
U.S. Chamber Position

Global international trade negotiations are in part designed to reduce the need for and use of import restrictions and their causes, and thereby increase economic growth and jobs. As part of its continuing quest for a freer and more disciplined international trading system, the United States must recognize the importance of maintaining viable trade remedy laws that are designed to eliminate, offset or obtain compensation for unfair trade practices or violations of international trade agreements by our competitors. Such remedies are necessary to enhance U.S. negotiators' leverage and credibility. They will also help instill public confidence in the system, so that a political mandate for future trade negotiations can develop. This will be easier to accomplish if appropriate checks and balances are effective.