Institutional Background
Import Relief Investigations
| Type of Injury | U.S. Legal Basis | International Legal Basis | Nature of Imports | Injury Standard | Key Determining Agency | Typical Remedy | Purpose / Policy Intent | Example Case |
|---|---|---|---|---|---|---|---|---|
| Dumping (Unfair Pricing) | Tariff Act of 1930, Sections 731–739 | GATT Article VI / WTO Antidumping Agreement | Unfair trade (imports sold below fair value) | Material injury or threat thereof by reason of dumped imports | USITC (injury) + USDOC (dumping margin) | Antidumping duties (permanent) | Counteract unfair pricing that injures U.S. industries | Certain Steel Nails from China |
| Subsidization (Unfair Government Support) | Tariff Act of 1930, Sections 701–709 | GATT Article VI / WTO SCM Agreement | Unfair trade (foreign subsidies) | Material injury or threat thereof by reason of subsidized imports | USITC (injury) + USDOC (subsidy finding) | Countervailing duties (permanent) | Offset injurious foreign subsidies | Softwood Lumber from Canada |
| Safeguards / General Escape Clause | Section 201, Trade Act of 1974 | GATT Article XIX / WTO Safeguards Agreement | Fair trade, but increased imports cause harm | Serious injury or threat thereof caused by increased imports | USITC | Temporary relief: tariffs, quotas, TRQs, adjustment aid | Allow industries time to adjust to import competition (even if fair) | Footwear, Inv. TA-201-7 |
| Market Disruption (China-specific Safeguard) | Section 421, Trade Act of 1974 (expired) | China WTO Accession Protocol (Art. 16) | Fair trade, but rapid import surges from China | Market disruption or threat thereof | USITC | Temporary import restrictions (China-only) | Transitional protection during China’s WTO integration | Circular Welded Pipe from China |
| National Security (Section 232) | Section 232, Trade Expansion Act of 1962 | GATT Article XXI (Security Exception) | Any — imports threatening national security | No formal “injury” test; based on security threat | Department of Commerce | Tariffs or quotas | Protect essential industries (defense, critical supply chains) | Steel and Aluminum 232 Investigations |
| Unfair Trade in Services / IP (Section 337) | Section 337, Tariff Act of 1930 | TRIPS Agreement / GATT obligations | Imports violating IP or fair competition | Injury to a domestic industry (or threat thereof) | USITC | Exclusion orders, cease & desist | Protect U.S. firms from unfair practices involving IP or trade secrets | Certain Mobile Devices (Apple v. Samsung) |