47 research outputs found

    Special 301 : Its Requirements, Implementation, and Significance

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    This Article reviews the Special 301 provisions and their implementation to date. Special 301 is designed to use the credible threat of unilateral retaliation by the United States to persuade trading partners to reform currently deficient IP practices. The article praises the US\u27s use of Special 301 use thus far but warns against taking harsher action

    Special 301 : Its Requirements, Implementation, and Significance

    Get PDF
    This Article reviews the Special 301 provisions and their implementation to date. Special 301 is designed to use the credible threat of unilateral retaliation by the United States to persuade trading partners to reform currently deficient IP practices. The article praises the US\u27s use of Special 301 use thus far but warns against taking harsher action

    The GATT Uruguay Round: Its Significance for U.S. Bilateral Trade with Korea and Taiwan

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    This article reviews the choreography of U.S. trade policy, as reflected in the U.S. government\u27s efforts to reconcile its objectives in the Uruguay Round with its actions in its bilateral relationships with Korea and Taiwan. It illustrates how developments in four key areas of the Round - protection of intellectual property, services, investment, and agriculture - and in bilateral trade negotiations are intended to be, and can be, complementary rather than contradictory

    Section 301 of the Trade Act of 1974: Requirements, Procedures, and Developments

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    The recent dramatic increase in the use of Section 301 of the Trade Act of 1974 ( § 301 ) and a predecessor provision in the Trade Expansion Act warrants a review of its requirements and procedures. This Article illustrates those requirements and procedures through § 301\u27s application in particular cases. The Article also explains why recent events have led to more frequent resort to § 301 and related legal provisions. Section 301 is currently the lodestar of the Administration\u27s free and fair trade policy. This policy stresses, in particular, the need for equitable access to foreign markets for United States exports of goods and services and foreign direct investment. The increasing importance of § 301 is evident from the range and significance of actions which have been taken recently. For these reasons, an understanding of the legal criteria for action under § 301 and the procedures employed in these proceedings is critical to the effective use of available United States trade remedies

    Closing the Loopholes: 1988 Trade Act Amendments to the Antidumping and Countervailing Duty Laws

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    This article will address the changes aimed at rendering the AD and CVD laws more effective. 16 The article first outlines briefly the antidumping and countervailing duty laws. It then discusses the amendments designed to prevent evasion of the antidumping and countervailing duty laws. Next, the article discusses the repeal of duty drawback for antidumping and countervailing duties, and amendments to the determination of injury. Finally, the article assesses the significance of the 1988 Act amendments to the AD and CVD laws
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