CHAPTER 12Imports, Customs and Tariff Law© 2012 Ce.docx

CHAPTER 12
Imports, Customs and
Tariff Law
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
classroom use.
1
2
Administration of Customs
and Tariff Laws
Customs divided into seven regions, then further divided into
districts.
Customs offices are located at ports of entry to U.S., (e.g.,
major seaports, airports, and border crossings).
Within each district are field import specialists who can seek

advice from national import specialists.
classroom use.
2
3
and Tariff Laws
The Formal Entry: administrative process required to import
goods into the customs territory of a country.
Goods have officially “entered” when:
Arrived at U.S. port of entry.
Goods are permitted.
Delivery is authorized by Customs after inspection and release.
classroom use.
3

4
and Tariff Laws
The Formal Entry (cont’d).
Estimated duties have been paid or customs bond posted.
Required Documentation: Documents must be filed within 5
days:
(1) An entry manifest or merchandise release form.
(2) U.S. Customs Entry Summary Form.
classroom use.
4
5
and Tariff Laws
Required Documentation.
(3) Proof of the right to make entry (a bill of lading, air
waybill, or carrier’s certificate)
(4) The commercial invoice obtained from the seller.

classroom use.
5
6
and Tariff Laws
Required Documentation.
6. Other documents required by special regulations (e.g.,
certificate of origin, quota visa, textile declaration).
The Commercial Invoice.
classroom use.
6
7
and Tariff Laws
Payment of Duties.

Informed Entries: personal smaller shipments valued at $2,000
or less.
Electronic Entry Processing.
Remote Location Filing.
classroom use.
7
8
and Tariff Laws
Liquidation and Protest.
Liquidation: final computation and payment of duty.
Time Limits on Liquidation: within one year of entry.
Protesting Liquidations: within 90 days.
Judicial review within 180 days (CIT in NYC).
classroom use.

8
9
and Tariff Laws
Enforcement and Penalties.
Making Materially False Statements to Customs.
Negligent Violations.
See the U.S. v. Golden Ship Trading (2001) case. Relying on
assurances from the broker can still make the importer liable.
classroom use.
9
10
and Tariff Laws
Enforcement and Penalties (cont’d).
Crimes: 2 years plus fine.
Smuggling of certain items will carry longer penalties.
Better to disclose before investigation.

classroom use.
10
11
and Tariff Laws
Enforcement and Penalties (cont’d).
Aggravating and Mitigating Circumstances (p. 372).
Enforced and Informed Compliance.
Judicial Enforcement of Penalty Actions.
classroom use.
11
12
and Tariff Laws

Binding Rulings.
Requesting one can help plan business strategy.
Should be submitted in writing.
Judicial Review.
Judicial review
classroom use.
12
13
and Tariff Laws
Judicial Review (cont’d).
Judicial Review of Binding Rulings, see the U.S. v Mead Corp
case: U.S. agencies and courts must grant limited deference to
U.S. Customs letters and rulings.
Pre-Importation Judicial review in emergency situations.

classroom use.
13
14
Dutiable Status of Goods
Tariffs, restraints on imports, and other import controls are
applied to goods according to the item’s dutiable status.
Harmonized Tariff Schedule of U.S. (HTSUS) – since 1989.
classroom use.
14
15
Harmonized Tariff Schedule (cont’d).
Using the Harmonized Tariff Schedule.
The Classification of Goods.
See the Camel Manufacturing Co. v. United States case: tents

classroom use.
15
16
The Classification of Goods (cont’d).
Understanding Tariff Descriptions.
Determining the Classification of Products: Questions of Law
and Fact.
classroom use.
16
17
Using the General Rules of Interpretation.
GRI 1: classification by terms of the headings.

GRI 2: classification includes complete as well as incomplete
article if it has the essential character.
classroom use.
17
18
Using the General Rules of Interpretation (cont’d).
GRI 3: when goods could be classified under 2 headings. Go to
the most specific, if components go to essential character, when
can’t be classified by above go
classroom use.
18
19

GRI 4: If goods can not be classified based on above, one
should find heading for goods they are most like.
GRI 5: (a) cases (camera, music) should be entered with the
classroom use.
19
20
5(b) packing goods shall be classified with the goods, unless
containers have repetitive use.
GRI 6: subheadings at the same level are comparable.
classroom use.
20

21
Rule of Relative Specificity.
Classification by Essential Character.
Classification of Items Packaged for Ret
classroom use.
21
22
Classification of Items Packaged for Retail Sale as a Set.
See the Better Home Plastics Corp. v. United States (1996) case
: essential character, not relative specificity applies, and goods
are classified by shower liner not curtain.
Classifications at the Subheading Level.

classroom use.
22
23
Tariff Engineering.
An importer is free to engineer his product in order to take
advantage of the tariff laws (Tariff engineering.
Customs Valuation.
Customs value (dutiable value) must be reported at time of
classroom use.
23
24
Customs Valuation (cont’d).
Dutiable value equals transaction value or price actually paid
for goods when sold for export plus packing costs, selling
commission paid by buyer, value of an assist, royalty buyer is
responsible to pay, proceeds of any resale that accrues to buyer.

classroom use.
24
25
Customs Valuation (cont’d).
Production Assists.
Other Methods of Calculating Dutiable Value.
Currency Exchange Rates.
classroom use.
25

26
Rules of Origin.
Definitions and Purposes of Rules of Origin: administered by
U.S. Customs and Border Protection.
Types of Rules of Origin.
The General Rule in the United States: if an item is wholly
grown, produced, or manufactured in one country, then that
country is the country of origin.
classroom use.
26
27
Substantial Transformation Test.
The “Name, Character, or Use” test.
See the Ferrostall Metals Corp. v. United States (1987) case.
Japanese steel that was galvanized in New Zealand was
substantially transformed to a New Zealand product, not subject
to voluntary restraints between U.S. and Japan.

classroom use.
27
28
Substantial Transformation Test (cont’d).
North American Preferential Rules.
Other Trade Preference Rules.
Coming Changes in Rules of Origin?
classroom use.
28
29
WTO Agreement on Rules of Origin: under development since
1995.
Special Rules of Origin for Textiles and Apparel.
Textiles and clothing present complicated trade issues because
companies move operations from country to country, raw

classroom use.
29
30
Special Rules of Origin for Textiles and Apparel (cont’d).
Textiles are governed by special rules into U.S.
U.S. imports from Canada and Mexico are governed by separate
rules.
classroom use.
30

31
Marketing and Labeling of Exports.
FTC- if label states “Made in USA” it means, “all or virtually
all of the materials, processing or component parts are made in
the U.S. and that their final assembly or processing took place
there”.
Only negligible foreign content- all or virtually all is a very
high standard.
classroom use.
31
32
U.S. Trade Preferences for Developing Countries
Trade Preference: granting of preferential access or trade
advantage to imported goods not similar to other goods.
Encourages manufacturing in Caribbean
The goods are imported to U.S. at favorable tariff rates.

classroom use.
32
33
Generalized System of Preferences.
Beneficiaries are developing countries; goods enter at lower
tariff rate. In 1976 program- benefits 140 countries. In 1980’s 4
countries graduated: Hong Kong, Singapore, S.Korea & Taiwan.
GSP Rules of Origin-35% value added in GSP country.
classroom use.
33
34
Caribbean Basin Initiative.
CBI is collective name given to several laws that grant trade
preferences to aid the Caribbean countries. Now includes

footware, luggage, and watches.
Caribbean Rules of Origin.
classroom use.
34
35
Africa Growth and Opportunity Act.
Established to help with political freedom in forty-eight poor
countries in sub-Saharan Africa where per capita income is
$500/year.
AGOA broadens GSP for Africa and extends it to 2008.
classroom use.
35

36
U.S. – Andean Trade.
Andean Trade Program: U.S. program to promote economic
development in Andean countries while combating drug
trafficking and encouraging democracy.
classroom use.
36
37
CAFTA.
Central America-Dominican Republic Free Trade Agreement
with Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua,
and the Dominican Republic.

classroom use.
37
38
Other Customs Laws
Affecting U.S. Imports
Drawbacks: refund of duties already paid.
Most common is the manufacturing drawback.
Same-condition drawbacks are utilized when the imported goods
are not processed or manufactured, but are reexported in the
“same condition” as they were imported.
classroom use.
38
39
Other Customs Laws
Affecting U.S. Imports
Foreign Trade Zones.
Goods may be imported without being subjected to tariffs until
goods are released into the stream of commerce
See the Nissan Motor Mfg. Corp. v. United States case:
machinery entering a foreign trade zone for assembly is not

merchandise (not duty free).
classroom use.
39
Conclusion
Bureau of Customs and Border Protection is responsible for
securing our borders from:
terrorist threats; interdicting illegal immigration and
contraband; collecting tariff revenue; enforcing the customs and
tariff laws of the United States; and enforcing the export control
laws.
40
classroom use.
40
Conclusion

Bureau lives in a tension between securing borders and allow
free flow of commerce into and out of the United States.
Tariff laws are intended to encourage and reward certain
business decisions.
41
classroom use.
41
CHAPTER 10
Laws Governing Access
to Foreign Markets
classroom use.

classroom use.
1
2
The General Principle of
Least Restrictive Trade
WTO mandates a balancing test: weigh protecting public against
restrictions on trade.
See the Thailand: Restrictions on Importation of Cigarettes case
(WTO 1990). Thailand's restrictions on imports of cigarettes
contravened GATT.
classroom use.
2
3
Technical Barriers to Trade
A technical regulation is a MANDATORY law/regulation
affecting a product’s characteristics.
Standard is a VOLUNTARY guideline established by a private
or administrative body.

classroom use.
3
4
Protection of Public Health,
Safety, or Welfare.
Product Testing, Inspections, and Certifications for Compliance
with Product Safety, Quality, and Technical Standards and
Regulations Sale.
Why Standards and Technical Regulations are Barriers to Trade.
classroom use.
4
5
EU Standards and Technical Regulations.

EU efforts to reduce technical barriers to trade is critical
because of the multi-national brands and consolidation of the
euro.
The EU is attempting to increase its standardization through the
“CE Mark”.
classroom use.
5
6
Japanese Standards and Technical Regulations.
Product standards in Japan are usually based on design
characteristics. U.S, in contrast, has standards of performance.
What does the “JIS” mark signify?
classroom use.

6
7
Chinese Standards and Technical Regulations.
China is still socialist/communist and has a very bureaucratic
regulatory framework.
Laws are administered by AQSIQ.
Standardization Administrative of China 2001. Coordinate
development of standards.
classroom use.
7
8
The WTO Agreement on
Technical Barriers to Trade (TBT).
One of Uruguay Round agreements 1994.
Harmonization, Equivalence, and Mutual Recognition.
Conformity of Assessments.

classroom use.
8
9
The WTO Agreement on TBT (cont’d).
Harmonization, Equivalence, and Mutual Recognition.
TBT applies to all products, agricultural, industrial, and
consumer goods.
See the European Communities—Measures Affecting Asbestos
& Asbestos-Containing Products (2001) case. French
restrictions were valid under the TBT Agreement.
classroom use.
9

10
International Organization
for Standardization (ISO).
International standardization makes design and building and
products cheaper and trade easier.
ISO 9000- certification makes selling in Europe much easier.
ISO 14000- environmental standards.
classroom use.
10
11
Import Licensing Procedures
Article XI permits a country to use licensing in a
nondiscriminatory, MFN, and transparent fashion to regulate
some imports.
Example: a country may want to only allow importation of

classroom use.
11
12
Import Licensing Procedures
GATT requires “transparency” (published materials available to
all countries).
WTO Agreement on Import Licensing Procedures.
Trade Facilitation.
classroom use.
12
13
Government Procurement
GATT allows exception to national treatment allowing
government to favor domestic supplier.
WTO Agreement on Government Procurement applies only to
those countries that signed, and applies to goods and services
worth 130,000 SDR’s (US $197,000) and construction contracts
over 5 million SDR’s (US $7.6 million).

classroom use.
13
14
WTO Agreement on Government Procurement.
Agencies Excluded from the Procurement Rules: nearly 90 U.S.
agencies are excluded.
Procurement Rules.
Transparency in Procurement Procedures.
Procurement Rules: AGP reverses general WTO rules that allow
government agencies to favor domestic products.
classroom use.
14
15

Must be Transparency in Procurement Procedures.
Administering Government Procurement Rules in the United
States.
Responsibility rests with the President to revoke the waiver of
“Buy America Act.”
classroom use.
15
16
Trade In Services
Trade in services includes professional services (e.g., law,
accounting, architecture, engineering, etc), health care,
insurance, travel, and many others.
According to WTO, exports of commercial services totaled $3.3
classroom use.

16
17
Trade in Services
The WTO Agreement on Trade in Financial Services.
Signed by over 100 nations.
Promotes efficiency and reduces cost.
Provides consumers with greater choice.
classroom use.
17
18
Trade in Services
The WTO Agreement on Trade in Financial Services.
WTO Agreement on Trade in Financial Services.
WTO Agreement on Basic Telecommunications.
Opened telecommunication markets to foreign competitors.

classroom use.
18
19
Trade in Agriculture
WTO: agricultural exports over $1.34 trillion worldwide (2008).
Some Agricultural Trade Issues in the EU and Japan.
EU Common Agricultural Policy.
Japanese Rice: A Trade Dilemma.
classroom use.
19
20
The WTO Agreement on Agriculture (1995): began removing
government intervention in farming sector.
Domestic Support Programs.
Agricultural Export Subsidies.
Making Export Markets Accessible.

classroom use.
20
21
Sanitary and Phytosanitary Measures: Food, Animal, and Plant
Safety.
A country has the right to protect human, animal and plant life
but cannot be used to justify otherwise discriminatory conduct.
Codex Alimentarius: International standards for the protection
classroom use.
21
22
Sanitary and Phytosanitary Measures: Food, Animal, and Plant
Safety (cont’d).

EC Measures Concerning Meat and Meat Products (Hormones)
(1997). EC’s ban on sale of beef containing residual growth
hormones violated Agreement on Sanitary and Phytosanitary
Measures.
classroom use.
22
23
Trade in Textiles and Clothing
History of Textile Import Regulation and Deregulation.
1974 Multifiber agreement: contained quota limits by country
and product.
1994 GATT agreement on Textiles ends Quota system over 10
year period.
2005 textiles will be covered by GATT’s regular rules on
safeguards &unfair trade.
classroom use.

23
24
What about illegal transshipment?
Countries try to avoid quotas by shipping to a 3rd country,
relabeling the goods as origination from the 3rd country, and
reshipping.
Trade in Textiles and Clothing
classroom use.
24
25
Other WTO “Trade
Related” Agreements
Trade-Related Investment Measures.
Trade-Related Aspects of Intellectual Property Rights (TRIPS).
WTO countries agree to abide by intellectual property
conventions.
Domestic and foreign IPR (intellectual property rights) treated

classroom use.
25
26
Other WTO “Trade
Related” Agreements
Trade-Related Aspects of Intellectual Property Rights (TRIPS)
(cont’d).
Members are bringing their laws into compliance with TRIPS.
Information Technology Agreement.
1996 WTO ITA: calls for elimination of all tariffs on
computers, telecommunications, software, scientific instruments
by 2005.
classroom use.
26
27
Trade Sanctions and Section 301: Threat of Retaliation
Section 301 Trade Act 1974.
See the United States—Sections 301-310 of the Trade Act of

1974.
Basic Section 301.
USTR retaliates against foreign country.
Discretionary and may be imposed when USTR finds
unreasonable discrimination that burdens or restricts U.S trade.
classroom use.
27
28
Basic Section 301 (cont’d).
Section 301 Procedures.
Sanctions and Retaliatory Measures.
The Carousel Law: Rotating Products Subject to Retaliation.
U.S. Trade Development Act (2000) amends section 301 by
classroom use.

28
29
The Carousel Law: Rotating Products Subject to Retaliation
(cont’d).
. . . periodically review list of products subject to retaliatory
action and revise them 120 days after inception, and every 180
days thereafter.
EU and some American importers object to the law.
classroom use.
29
30
Special 301.
U.S. uses this law to assure that American-owned intellectual
property rights (IPRs) are adequately protected in foreign
countries.
Each year USTR identifies countries.
Worst offenders are tagged “priority foreign countries” which
requires an investigation. USTR also maintains a “watch list.”

classroom use.
30
31
Conclusion
The WTO is moving the global economy to more free and fair
trade.
But, there are many countries still dealing with political
instability, corruption, communism, Marxism, that find it
difficult to open to free trade.
classroom use.
31

CHAPTER 11
Regulating Import Competition
and Unfair Trade
classroom use.
classroom use.
1
2
GATT Escape Clause:
Article XlX- allows escape from previous promises.
Many countries have provisions in national law that parallel
Safeguards Against Injury

classroom use.
2
3
GATT Escape Clause:
See the Argentina Safeguard Measures on Imports of Footwear
(WTO 1999) case: Argentina failed to show that increased
imports were the cause of serious harm to domestic footwear.
classroom use.
3
4
WTO Agreement on Safeguards.
Provides details lacking in the escape clause and sets out
procedural steps for countries to use it.
Administrative investigation and hearing.
Must find increased imports are the actual cause of the

classroom use.
4
5
WTO Agreement on Safeguards (cont’d).
Global Safeguards.
Limits on Use of Safeguards.
May not exceed 4 years.
Voluntary restraint agreements no longer permitted.
classroom use.
5

6
WTO Agreement on Safeguards (cont’d).
The WTO Committee on Safeguards: countries must notify the
WTO Committee on Safeguards when taking action.
classroom use.
6
7
Safeguards Against Injury Under U.S. Law.
U.S. Escape Clause: Section 201 of The Trade Act of 1974.
Does not follow the GATT guidelines.
U.S. law

classroom use.
7
8
Safeguards Against Injury Under U.S. Law (cont’d).
U.S. Escape Clause: Section 201 of The Trade Act of 1974.
WHAT? “article being imported in such increased quantities as
to be a SUBSTANTIAL cause of SERIOUS INJURY or threat
thereof to domestic industry producing an article LIKE or
DIRECTLY COMPETITIVE with the imported article”
classroom use.
8
9
U.S. Standard for Import Relief.
ITC Safeguard Investigations: public notice in the Federal
Register.
Must have “substantial cause of serious injury” and apply the

classroom use.
9
10
See the Heavyweight Motorcycles & Engines & Power-Train
Subassemblies (ITC, 1983) case: incremental duties must be
imposed.
classroom use.
10

11
Available Remedies Under U.S. Law.
President’s options:
Temporary: 4-8 yrs.
50% tariff increase.
Tariff rate quotas.
Absolute quotas.
Auctioned import license quotas.
Trade Adjustment Assistance.
classroom use.
11
12
Available Remedies Under U.S. Law (cont’d).
Market Disruption from Chinese Imports.
Imports from China are subject to special rules not applicable to
other WTO countries.
U.S. and China agreed that safeguards would apply until 2013.
Relief if ITC finds “market disruption.”

classroom use.
12
13
Trade Adjustment Assistance.
Petitions are filed with Department of Labor by workers, state
workforce, or union.
Direct cash payments to workers.
Job retraining for workers and relocation.
Help for companies as well.
Trade Assistance to Firms.

classroom use.
13
14
Unfair Import Laws: Dumping
and Antidumping Duties
Dumping:
The unfair trade practice of selling products in a foreign
country for less than the price charged for the same or
comparable goods in the producer’s home market.
The Economics of Dumping.
Price discrimination.
Purpose to drive out competition.
classroom use.
14
15
WTO Antidumping Agreement.
Calculating the Dumping Margin.
Dumping is at less than normal value, or less than “fair value.”
Calculating the Export Price.

Price at which a product is sold to an unaffiliated buyer in the
classroom use.
15
16
WTO Antidumping Agreement (cont’d).
Adjustments to Normal Value and Export Price.
Market Viability and Constructed Value.
Sales Below Cost.
Level-of-Trade Problem.
classroom use.
16

17
The Material Injury Requirement.
Antidumping duties are only applied after a finding of ‘material
injury.’ Factors:
(1) Volume of the dumped imports.
(2) Effect of the imports on prices in the domestic market for
like products and
(3) Impact on domestic industry.
classroom use.
17
18
WTO Dispute Settlement in Dumping Cases.
Disputes taken to the WTO Dispute Settlement Panel.
Panel must accept the “facts” as found by the ITA/ITC in their
investigation.

classroom use.
18
19
Dumping and Non-Market Economy Countries in Transition.
Market-Oriented Exporters.
See the Bulk Aspirin from the People’s Republic of China (ITA,
2000) case: The ITC found injury to US producers of aspirin
but the ITA cut the antidumping duties to zero. Rhodia testified
that without the duties its business disappeared. Rhodia closed
its U.S. plant and moved to China.
classroom use.
19
20
Unfair Import Laws: Subsidies and Countervailing Duties
WTO Agreement on Subsidies and Countervailing Measures

(1994).
Definition of a Subsidy: government confers a benefit on a
domestic firm and provides income, price support or financial
contribution (not collecting a tax, providing grant or loan at
favorable rate) in order to achieve a social or economic
objective.
classroom use.
20
21
WTO Agreement on Subsidies and Countervailing Measures
(1994).
WTO Rules Apply to Specific Subsidies.
Prohibited Subsidies: export subsidies or import substitution
subsidy.
U.S.-Brazil Dispute over Cotton Subsidies.

classroom use.
21
22
Actionable (Adverse Effect) Subsidies.
Domestic subsidies which give unfair competitive advantage to
domestic firms.
Actionable at WTO if:
Cause injury to domestic industry, OR
Cause nullification and impairment of rights, OR cause “serious
prejudice.” (Presumed if subsidy exceeds 5% of value.)
classroom use.
22
23
Actionable (Adverse Effect) Subsidies.
Upstream Subsidies: granted for raw materials.
WTO Subsidy Dispute Settlement.
Countervailing Duty Actions.
Countervailing Duty Actions in the United States.

classroom use.
23
24
Subsidies and State-Owned Enterprises.
Presents several problems when enterprises are owned by
countries without a market economy.
In 2007, the Department of Commerce began applying the
classroom use.
24
25
Subsidies and State-Owned Enterprises (cont’d).
Exports from Newly Privatized Enterprises.
See the U.S. Countervailing Measures Concerning Certain

products from the EC (“European Steel”) (2002) case. Panel
found U.S. violated WTO Agreement on Subsidies and
Countervailing Measures.
classroom use.
25
26
Countervailing Duties and Antidumping duties may be reviewed
by the CIT (both final determinations and negative injury).
Limited review in Escape Clause.
Judicial Review in
International Trade Cases
classroom use.
26

27
Conclusion
Complex interrelated international and national regulations.
Businesses will face these issue at home and abroad.
What role WTO will play in the future?
Role of politics- reflections?
classroom use.
27
CHAPTER 8
National Lawmaking Powers and the Regulation of U.S. Trade
classroom use.

classroom use.
1
2
The Separation of Powers
Drafters of U.S. Constitution places power to regulate
international commerce in hands of federal government.
The Executive-Legislative Debate.
classroom use.
2
3
Presidential or Executive Power.
Separation of powers and checks and balances leaves the
President having to work with Congress.
What if they aren’t cooperating?
Consequences?
What is the alternative?

Role of business in this process?
classroom use.
3
4
Presidential or Executive Power (cont’d).
Power to Negotiate Treaties.
Power to appoint ambassadors.
Is the Commander in Chief.
Inherent Presidential Powe
classroom use.
4
5

Presidential or Executive Power (cont’d).
Inherent Presidential Power and Its Limitations.
See the Youngstown Sheet & Tube v. Sawyer case (1952).
President’s seizure of private property during wartime was not
justified based on Presidential powers.
classroom use.
5
6
The Treaty Power
Domestic Law Effect of U.S. Treaties.
Treaties are self-executing, non-self-executing, or executory.
Equal Dignity Rule.
An act of Congress can override an inconsistent prior treaty.
classroom use.

6
7
The Treaty Power
Domestic Law Effect of U.S. Treaties.
Equal Dignity Rule (cont’d).
Statutes and treaties are of equal dignity.
Example of Treaties under U.S. Law: FCN Treaties (Friendship,
Commerce and Navigation).
See the Macnamara v. Korean Air Lines case (1988). Was
KAL’s discriminatory treatment intentional?
classroom use.
7
8
Executive Agreements
Sole Executive Agreements and President’s Inherent Power.
International agreements between the President and a foreign
country, entered into without resort to the treaty process.
Binding, and have the effect of law.
Two types: sole executive agreements and congressional-

classroom use.
8
9
Sole Executive Agreements and President’s Inherent Power
(cont’d).
See the Dole v. Carter case (1977). President did not exceed his
powers. This was not a treaty but an executive agreement made
pursuant to the President’s constitutionally inherent executive
authority.
classroom use.
9
10
U.S. Trade and Tariff Legislation

Smoot-Hawley Tariff Act of 1930.
Raised tariffs so high, there was international retaliation. Some
say it exacerbated the Great Depression.
The Reciprocal Trade Agreements Act of 1934.
Introduced Most Favored Nation status (now known as Normal
Trade Relations).
classroom use.
10
11
The Reciprocal Trade Agreements Act of 1934 (cont’d).
See the Star-Kist Foods, Inc. v. United States case.
Congressional delegation to President was constitutional, and
guided decisions based on purpose of the act
classroom use.
11

12
More Recent U.S. Trade Legislation.
Trade Expansion Act of 1962: created office of the U.S. Trade
Representative.
Trade Reform Act of 1974: gave more power to the President.
Trade Agreements of 1979.
classroom use.
12
13
More Recent U.S. Trade Legislation.
Omnibus Trade and Competitiveness Act of 1988 (NAFTA).
Caribbean Basin Economic Recovery Act of 1983,
The Andean Trade Program and Drug Eradication Act of 2002,
and
The African Growth & Opportunity Act of 2000.

classroom use.
13
14
Trade Agreements
General Agreement on Tariffs and Trade (GATT) (1974 and
1994).
Presidential Authority for GATT Multilateral Trade
Negotiations.
Trade Promotion Authority.
classroom use.
14
15
Trade Agreements
Trade Promotion Authority.
Expanded Powers.
Trading with the Enemy Act.
International Emergency Economic Powers Act (IEEPA) 1977-
basis of economic sanctions.

classroom use.
15
16
Federal-State Relations
The Supremacy Clause (federal preemption).
Burma, Human Rights, and Federal Preemption.
Economic Sanctions Against Burma.
classroom use.
16
17
The Import-Export clause.
The Commerce clause.

Commerce Clause and Multiple Taxation. See the Japan Line,
Ltd. v. County of Los Angeles (1979) case. Ad valorem
property tax on containers used exclusively in foreign
commerce violates the Commerce Clause.
classroom use.
17
18
The Commerce Clause (cont’d).
State Income Taxation of Multinational Corporations.
State Restrictions on Exports.
State Restrictions on Imports.
classroom use.
18

19
U.S. Department of Commerce.
Includes control of exports as well as International Trade
Administration or ITA, Bureau of Industry and Security.
U.S. Department of Homeland Security.
Border and Transportation Security.
Impact of Homeland Security on American Importers and
Federal Agencies
Affecting Trade
classroom use.
19
20
United States Trade Representative.
Carries out all bilateral and multilateral trade negotiations on
behalf of U.S.
International Trade Commission.
Federal Agencies
Affecting Trade

classroom use.
20
21
U.S. Court of International Trade.
Exclusive jurisdiction over all civil actions against U.S.,
involving revenue from imports, tariffs, embargoes or
quantitative restriction (except for health and safety) and
enforcement of customs laws.
Federal Agencies
Affecting Trade
classroom use.
21
Conclusion
President has limited powers.
But President has broad powers during time of war.
Presidents rely on delegations of power from Congress.
22

classroom use.
22
BA177: Legal Environment of World Cultures
Chapter 11: Regulating Import Competition and Unfair Trade
Kemp lecture
Double edged sword of import competition
Competing national political interests
Protectionism vs. free trade
“International rules serve as a check on these competing
national political interests.”
= “emergency actions used to protect a domestic industry that
produces a like or competing product from increasing volumes
of imported goods.” Like tariffs, quotas, etc.
GATT Escape Clause from 1947 allows temporary corrective

action to correct an industry when 1. unforeseen development,
2. due to tariff obligation, 3. increased amounts of imported
product and 4. threatens “serious injury to domestic” producers
of the product.
WTO Agreement on Safeguards – U.S. does by ITC
investigation.
Global safeguards means restrictions on product, not based on
the nation of import.
Temporary and restrictions
Trade compensation to affected nation may be imposed.
WTO Committee on Safeguards
U.S. Safeguards Against Injury
Section 201 of 1974 Trade Act
Standard for relief similar to GATT
ITC safeguard investigation more detailed than GATT –
substantial cause
Remedies are time to retool, modernize, etc.
Heavyweight Motorcycles, pp.344-345
Employees may get trade adjustment assistance if
lot of workers laid off,
Decrease in sales or production, and
Import competition contributed substantially
Dumping and Antidumping Duties
“Selling products in foreign country for less tan the price
charged for the same…goods in the producer’s home market.”
National laws and GATT “permit the importing country to

impose antidumping duties on dumped products to offset the
unfair low price and to prevent injury to a domestic product.
Dumper is trying to get monopoly power and will raise prices
after drives competition out of business.
GATT 1994 and WTO 1994 Antidumping Agreement
U.S. has ITA and ITC determine whether there is dumping, what
the dumping margin is, defining like product, calculating export
price, etc.
Material injury requirement
Chilean Salmon case
Subsidies and Countervailing Duties
Governments pay nationals to “help” due to some governmental
policy. Result is damaging to free trade in the subsidized
product.
WTO Agreement on Subsidies and U.S. law
“There must be a financial contribution from government that
confers a benefit.”
Specific subsidies only = financial aid to select companies or
industries (eg, wheat)
Actionable subsidies must be either prohibited or actionable, the
latter not being per se illegal and needing to show “serious
prejudice.”
Dispute settlement through WTO or U.S. procedures.
European Steel case. Was U.S. law really different from WTO
law?

Chapter Summary
Right of nation to protect domestic industries
WTO allows global safeguards, ones that apply to industry
without regard to country
In U.S. ITC and ITA determine whether safeguards are
appropriate.
Trade adjustment assistance for workers
Dumping is unfair trade practice of selling goods in foreign
country for less than sell same goods in own country.
Subsidy is government financial contribution to domestic
industry. Illegal ones include export, import and adverse
effects subsidies.
Countervailing duties can now be applied to non-market
economies, especially Chinese products.
WTO decisions have caused U.S. to change some of its unfair
trade law.
Problems
5. Smith-Corona v. Brother typewriter case
6. American winemakers v. French and Italian wine makers.
Ignore the question and explain from the text what the U.S.
would have to show to prevail. Compare U.S. law and WTO
law.
CHAPTER 9
GATT Law and the World Trade Organization: Basic Principles

classroom use.
classroom use.
1
2
Introduction to
Trade Regulation
Trade barrier is any impediment to trade in services or goods.
Import trade barrier is any impediment, direct or indirect, to the
entrance or sale of imported goods or services.
What are some of the Reasons for Regulating Imports?

classroom use.
2
3
Introduction to
Trade Regulation
Tariffs.
Non-tariff Barriers to Trade.
Embargoes.
Quotas.
Auctioned Quotas.
Tariff-Rate Quotas.
classroom use.
3
4
Introduction to
Trade Regulation
Indirect Non-tariff Barriers.
Japanese Large-Scale Retail Stores Law (now repealed).
Import Licensing Schemes and Customs Procedures as Trade
Barriers.

classroom use.
4
5
Introduction to
Trade Regulation
Transparency.
Impact of Trade Barriers on Managerial Decisions.
classroom use.
5
6
Multilateral trade negotiations- reduce tariffs and nontariff
barriers (NTB).
Nondiscrimination and unconditional MFN.
National Treatment.

Eliminate quotas and NTB (convert NTB to tariffs and then
reduce), transparency very critical.
The General Agreement
on Tariffs and Trade
classroom use.
6
7
GATT Framework.
Rules created by international agreement, become guiding
principles of international trade law.
GATT and U.S. Law.
GATT does not provide individual rights and remedies to
classroom use.

7
8
GATT and U.S. Law (cont’d).
GATT Agreements as a Basis for Interpreting U.S. Trade
Statutes.
Scope and Coverage of GATT 1947.
Scope and Coverage of GATT 1994.
classroom use.
8
9
WTO replaced GATT in 1995.
WTO is an umbrella organization that sets rules of international
trade and dispute resolution.
Overseen by the Ministerial Conference which appoints the
Director-General.
World Trade Organization

classroom use.
9
10
Ex. 9.1 Structure of the WTO
classroom use.
10
11
GATT/WTO
Dispute-Settlement Procedures
WTO Dispute-Settlement Procedures.
Dispute mechanisms and procedures attempt to avoid retaliation
or “trade wars.”
Have quasi-judicial process for resolving disputes when
deadlocked.
Only a government can bring a “complaint” against another

classroom use.
11
12
GATT/WTO
Dispute-Settlement Procedures
WTO Dispute-Settlement Procedures (cont’d).
See the European Communities-Regime for the Importation,
Sale, and Distribution of Bananas case (1997). U.S. could call
for the convening of a WTO panel to question European
Community import barriers.
WTO Reports as Legal Precedent.
classroom use.
12
13
GATT 1994: Major

Principles of Trade Law
GATT reinforces five principles:
Multilateral trade negotiations.
Predictability of trade opportunities.
Non-discrimination and unconditional MFN.
National treatment.
Elimination of quotas and other non-tariff barriers.
classroom use.
13
14
GATT 1994: Major
Multilateral Trade Negotiations.
The Kennedy Round.
The Tokyo Round.
The Uruguay Round.
The Doha Round (failure of two meetings in Seattle 1999, and
Cancun 2003).

classroom use.
14
15
GATT 1994: Major
Tarrification.
Process by which quotas, licensing schemes, and other non-
tariff barriers to trade are “converted” to tariffs.
Tariff Concessions, Bound Rates, and Tariff Schedules.
Article II of GATT calls for member nations to cooperate in
classroom use.
15
16
GATT 1994: Major
Tariff Concessions, Bound Rates, and Tariff Schedules (cont’d).
Tariff bindings are capped at agreed rate and published in tariff
schedules.
See the GATT European Economic Community---Import Regime
for Bananas (1995). EEC had deprived complaining Latin

American countries of benefits under bound tariff schedules.
classroom use.
16
17
Nondiscrimination, MFN, and
National Treatment
Most Favored Nation (MFN) Trade.
Agreement to treat products (or services) from that country with
lowest tariff rates that it gives to similar products imported
from its other MFN trading partners.
In U.S., MFN granted by Congress.
According to WTO, all member nations are entitled to MFN
classroom use.
17

18
National Treatment
Most Favored Nation (cont’d).
Unconditional MFN: if a member extends privilege to another
member then that privilege automatically is extended to all
members.
Exceptions to MFN Trading Status.
New Terminology: MFN is now Normal Trade Relations or
classroom use.
18
19
National Treatment
NTR Status and Jackson-Vanik: Remnant of the Cold War.
Normalization of U.S. Trade Relations with Russia.

classroom use.
19
20
National Treatment
Normalization of U.S. Trade relations with China.
1994 Clinton delinked human rights and trade for China’s
annual renewal of MFN.
2000 Congress granted permanent normal trade status to China
effective upon China’s admission to WTO.
classroom use.
20
21
National Treatment
Issues Affecting U.S.-China Trade.

North Korea.
Tibet.
Chinese corporate espionage against U.S.
U.S. is pressuring China to allow its currency (yuan) to rise, but
this could trigger ‘currency wars.’
classroom use.
21
22
National Treatment
National Treatment provisions in GATT are intended to ensure
that imported products will not be subject to discriminatory
treatment under the laws of the importing nation.
See the Japan Taxes on Alcoholic Beverages- 1996 WTO.
Japan’s tax policy violated GATT provisions regarding national
treatment.

classroom use.
22
23
GATT and the
Elimination of Quotas
GATT permits tariffs to regulate imports but not quotas or other
quantitative restrictions.
Quantitative Restrictions: Balance of Payments Exception and
Developing Countries.
classroom use.
23
24
GATT and the
Elimination of Quotas
Quantitative Restrictions: Balance of Payments Exception and
Developing Countries.
See the India—Quantitative Restrictions on Imports of
Agricultural, Textile, & Industrial Products (1999) case. U.S.
challenged India’s restrictions, and WTO panel found they were
not necessary.

classroom use.
24
25
Conclusion
Trade is often a political football in the United States and other
countries.
When U.S. approved GATT agreement also passed a bill to
review WTO every 6 months.
Fears of “multilateralism”- why is that a “dirty word” to some?
classroom use.
25
26
Conclusion
Conflict between international and national law.
Law vs. politics.

What is the appropriate connection between human rights and
trade? European and Japanese model vs. United States’
historical approach?
classroom use.
26
27
Conclusion
Should labor and environmental issues be linked to trade?
Furthers whose agenda?
Is it protectionism in disguise?
Conflict between the developing and developed world?
classroom use.
27
Ch11Glossary

Regulating Import Competition
1. actionable subsidy: a subsidy that is not automatically
prohibited but may still be “actionable” under WTO rules
because of its harmful effect; also called an “adverse effects”
subsidy
2. adverse effects subsidy: a subsidy that is not automatically
prohibited but may still be “actionable” under WTO rules
because of its harmful effect; also called an “actionable
subsidy”
3. antidumping laws: national laws that define dumping and
that set out the administrative procedures and remedies
available in dumping cases
4. countervailing duty: a special tariff, levied in addition to
the normal tariff, imposed on imports of subsidized goods for
the purpose of offsetting the subsidy
5. dumping: the unfair trade practice of selling products in a
foreign country for less than the price charged for the same or
comparable goods in the producer’s home market
6. dumping margin: the export price is less than the normal
value of the product in the home market
7. escape clause: a clause in GATT (1947) that permits a
country to temporarily “escape” from its tariff concessions or
from other trade agreement obligations under certain conditions.
8. export price: the price of the good when sold in or for
export to another country
9. export subsidy: a subsidy made available to domestic firms
upon the export of their product or made contingent on export
performance
10. global safeguards: the safeguards applicable to WTO
member countries
11. import competition: a condition that exists when producers
of domestic goods compete with producers of imported goods
largely due to lower employee costs, fewer government
restrictions, and/or greater production efficiencies of the

foreign firms
12. import relief: the measures taken by the government of the
domestic country in order to protect its producers and to
provide greater economic and social benefits than costs
13. import substitution subsidy: a government subsidy whose
payment is contingent on its recipient using or purchasing
domestically made goods over imported goods
14. like products: directly competitive products
15. market disruption: the increased importation of an article
so that it causes material injury, or a threat of material injury,
to a domestic industry
16. market viability: the condition that exists if the exporting
country’s home market has sufficient sales to warrant using its
normal price as a price comparison
17. market-oriented exporter: an exporting firm in an non-
market economy (NME) country that is not under government
control and that does business on competitive terms
18. market-oriented industry: an industry in which resources
and labor costs are procured at free-market prices in an
environment where there is little government involvement in
controlling production and capacity decisions, where prices are
set by markets, and where the producers are mostly privately
owned
19. material injury: an injury that is “not inconsequential,
immaterial, or unimportant”
20. non-market economy (NME): a country whose political and
economic system relies heavily on government central control,
rather than on free-market forces
21. normal value: the price at which a good is first sold for
consumption in the exporting or producing country
22. prohibited subsidy: a subsidy that is impermissible per se
and banned under all conditions
23. safeguard against injury: a legal action taken by a country
to protect a domestic industry by granting import relief or
adjusting imports
24. specific subsidy: a subsidy that is given to a select

company or limited number of companies, to a select industry or
group of industries, or to firms in a select geographical region
of a country
25. subsidy: a financial contribution — including any form of
income or price support —made by a government that confers a
benefit on a specific domestic enterprise or industry
26. surrogate normal value: the value of the factors of
production — including materials, labor, energy, capital costs
and depreciation, packaging, and other general expenses — in a
market economy country whose level of economic development
is comparable to that of the non-market economy (NME)
country and who is a significant producer of comparable
merchandise
27. trade adjustment assistance: the cash benefits, tax credits,
or vouchers that are available to workers to cover the expenses
of a job search, retraining and relocation, and health insurance
coverage
28. trade compensation: a country imposing a safeguard
compensates a supplying nation for the burden the safeguard
measure has imposed on it
29. unfair trade: use of exporting tactics for the purpose of
increasing market share while driving out competition for its
goods in the importing country
30. upstream subsidy: a subsidy bestowed on raw materials or
component parts (“inputs”) that are used in an exported product
Regulation of U.S. Trade
Chapter 8, Schaffer text
BA177 Kemp

U.S. Political System
Separation of Powers
Treaty Power
Trade and Tariff Legislation
International Trade Agreements
Federal Agencies Affecting Trade
Separation of Powers
U.S. Constitution guides regulation of international relations.
U.S. has 50 states that gave up some of their sovereign powers
to a central federal government to make a strong nation. It has
worked so far. Compare to European Union (EU). Power to
regulate international commerce is in the hands of the federal
government.
Three overlapping yet separate powers: legislative, executive,
judicial. Executive-legislative debate is between president and
legislature.
It says Congress has power to regulate commerce with foreign
nations.
It says the president has power to make treaties and appoint
ambassadors. The president has inherent executive power,
treaty power, and powers delegated to the president by
Congress.
Youngstown Sheet & Tube (1952) case
Supreme Court said the presidential powers do not include
authority to nationalize U.S. steel mills. You have got to read

Justice Jackson’s concurring opinion, at least the part in the
text.
Treaty Power
President with 2/3 majority of Senate makes treaties.
Congress delegates power to make executive agreements,
international agreements that president makes without
congressional approval.
Domestic law effect of treaties depends on whether self-
executing (domestic law effect) or non-self-executing
(executory). Remember those classifications?
Congress delegates power to make executive agreements,
international agreements that president makes without
congressional approval. Two types: sole executive and
congressional-executive agreements.
Dole v. Carter (1977). Supreme Court decided that president
has power to return crown jewels to Hungary without
congressional approval = a sole executive agreement.
Trade and Tariff Legislation
President’s power to negotiate congressional-executive trade
agreements has increased.

Still trying to deal with isolationist legislation, the Smoot-
Hawley Tariff Act.
First step to reduce tariffs was in Reciprocal Trade Agreements
Act of 1934, giving president power to negotiate reduced tariffs
on product by product basis using reciprocity.
Most-favored-nation (MFN) trade was introduced. It is now
called normal trade relations (NTR). Dictates that lower tariff
will be applied to all other MFNs when one negotiates that with
U.S.
Trade Expansion Act of 1962 and others authorized president to
make across the board tariff reductions and created U.S. Trade
Representative (USTR). While there is still a strong
protectionist ideology in the U.S. it is much more open to tariff
free trade today.
Trade Reform Act of 1974 created broad presidential power and
fast-track approval process for trade agreements. U.S. was
becoming a world player at last.
International
Trade
Agreements
Free trade agreements seek to eliminate/reduce tariff and non-
tariff barriers to free trade. Usually multilateral.
General Agreement on Tariffs and Trade (1994) (GATT) and
World Trade Organization (1994) (WTO) are most influential
today.
GATT started in 1947 and has proceeded to develop through
multilateral trade negotiations called “rounds.” See next
chapter,
Text lists some of the objectives including reducing tariffs,
eliminating non-tariff barriers, recognizing human rights

including workers and children, protecting IP rights,
agricultural agreements….
Federal-
State Relations
See slide 2. International trade is a federal power.
Supremacy Clause in Art. 6 says federal law preempts
inconsistent state laws.
Import-Export Clause in Art. I, sec. 10 prohibits states from
taxing imports and exports. Federal government can’t tax
exports either.
Commerce Clause in Art. 1, sec. 8 and dormant commerce
clause (negative implication doctrine) prohibit states from
making laws that have a substantial impact on the free flow of
international and interstate commerce.
Japan Line v. LA County (1979) case. Supreme Court said LA
County value based (ad valorem) tax on containers in port was
unconstitutional under Commerce Clause. When and how can
California tax containers in California ports? See bottom left
side of page 267 for the criteria adopted.
Federal Agencies Affecting Trade
Department of Commerce has 12 bureaus: International Trade
Administration (ITA) is one.
U. S. Trade Representative (USTR) is part of president’s
cabinet and carries on trade negotiations.

International Trade Comission (ITC) shares duties with ITA to
investigate unfair trade practices.
U.S. Court of International Trade (CIT) is on level of federal
district court and within jurisdiction of Federal Circuit.
Case Problem # 1
ICJ decision that under Vienna Convention on consular
Relations U.S. courts could not hold Mexican citizens charged
with crimes committed in the U.S. without informing them of
their right to confer with the Mexican Consulate.
ICJ was created under the UN Charter. Are these treaties self-
executing? Or do they need legislation to make them have
domestic law effect?
Consider the practical effect of the decision. Might these
viewpoints be justification for the border states like Arizona
trying so hard to keep Mexicans in Mexico? How can these
issues be fixed?
Ch09Glossary
GATT Law and the World Trade Organization: Basic Principles
1. ad valorem tariff
a tariff computed as a percentage of value
2. allocated quotas
a quota applied to the products of several nations
3. auctioned quota
a quota that is sold to the highest bidder

4. bilateral quotas
a quota placed on a particular product on the basis of its country
of origin
5. embargo
a complete ban on trade with a certain foreign nation or a ban
on the sale or transfer of specific products
6. global quotas
a quota imposed by an importing nation on a particular product
regardless of its country of origin
7. most-favored-nation (MFN) trade
an arrangement in which the lower tariff rates that are
negotiated with one nation are automatically applied to similar
imported products from all nations who sign an MFN agreement
with each other — without any concession being requested in
return
8. national treatment
the GATT provisions that are intended to ensure that imported
products will not be subjected to discriminatory treatment under
the laws of the importing nation
9. non-tariff barrier
an impediment to trade other than tariffs
10. nondiscrimination
the principle that all nations should be treated equally and
without discrimination
11. normal trade relations
imported products from all nations who sign a most-favored-
nation (MFN) agreement with each other — without any
concession being requested in return; also formerly referred to
as most-favored-nation (MFN) trade
12. quota
a quantitative restriction on imports
13. tariff bindings
a concession in which the tariff on a product, a product
category, or a group of products is bound, or capped, at a

certain rate
14. tariff concession
a situation where one country promises another country or
countries not to levy a tariff on imports of a given product at a
level higher than agreed upon in return for tariff concessions
from those countries
15. tariff or import duty
a tax levied on goods by the country of importation
16. tariff schedules
the detailed product-by-product listings of all tariffs for a
country
17. tariff-rate quota
a tariff that increases according to the quantity of goods
imported
18. tariffication
the process by which quotas, licensing schemes, and other non-
tariff barriers to trade are “converted” to tariffs
19. trade barrier
an impediment to trade in goods or services
20. transparency
a foreign government’s import regulations are made readily
available to the public and not hidden or disguised in
bureaucratic rules or practices
Ch08Glossary
National Lawmaking Powers and the Regulation of U.S. Trade
1. Commerce Clause
a Constitutional provision that provides the federal government
with exclusive control over foreign commerce
2. Import-Export Clause
a Constitutional provision that prohibits the federal government
from taxing exports and prohibits the states from taxing either
imports or exports
3. Supremacy Clause

a Constitutional provision that allows a U.S. federal law to
prevail when it directly conflicts with a law of the state (or
local) government
4. bilateral
an agreement between two nations (or parties)
5. compact
a type of agreement [between or among nations]
6. congressional-executive agreements
an executive agreement that is based on authority granted by
Congress to the president or statute, or by treaty
7. convention
a treaty on matters of common concern, usually negotiated on a
regional or global basis and open to adoption by many nations
8. equal dignity rule
a rule based on the idea that statutes and treaties are of equal
dignity, meaning they are of equal legal importance
9. federal preemption
the legal doctrine that a federal rule will prevail over an
inconsistent state rule. The inconsistent state law will be void to
the extent it conflicts with the federal scheme
10. free trade agreement
a trade agreement in which tariffs and non-tariff barriers are
eliminated or reduced significantly, and that often contain
additional provisions on matters of mutual concern
11. inherent executive powers
the powers that are either expressly granted to the president in
the Constitution or found to be there by judicial interpretation
12. international agreement
the international agreements such as treaties and executive
agreements
13. international trade law
the body of public law used to determine the responsibilities
that nations have to one another in their trade relations
14. most-favored-nation (MFN) trade

imported products from all nations who sign an MFN agreement
with each other — without any concession being requested in
return
15. multilateral
an agreement between many nations (or parties)
16. multilateral trade negotiations
a type of negotiation in which countries make reciprocal tariff
concessions to each other
17. multiple taxation
the same service or property is subjected to the same or a
similar tax by the governmental authorities of more than one
nation.
18. non-self-executing treaty
a treaty that requires an act of Congress or of the president to
give it legal effect
19. normal trade relations
imported products from all nations who sign a most-favored-
nation (MFN) agreement with each other — without any
concession being requested in return; also formerly referred to
as most-favored-nation (MFN) trade
20. regional trade agreements
a multilateral trade agreement that encompass a geographical
region
21. self-executing treaty
a treaty that provides individuals with specific rights, which the
courts will enforce
22. sole executive agreements
an executive agreement where the president can negotiate and
put into legal effect on the basis of his inherent authority,
without congressional approval
23. trade agreement
an agreement between nations on matters involving trade,
tariffs, and related issues
24. trade promotion authority

CHAPTER 12Imports, Customs and Tariff Law© 2012 Ce.docx

Recommended

Recommended

More Related Content

Similar to CHAPTER 12Imports, Customs and Tariff Law© 2012 Ce.docx

Similar to CHAPTER 12Imports, Customs and Tariff Law© 2012 Ce.docx (20)

More from cravennichole326

More from cravennichole326 (20)

Recently uploaded

Recently uploaded (20)

CHAPTER 12Imports, Customs and Tariff Law© 2012 Ce.docx