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Administrative Law

: Customs Law

China Tires Remedy

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The International Trade Commission has proposed a remedy in the safeguard case involving tires from China. This case arises under the safeguards provisions of China's WTO accession agreement. The ITC is proposing that the U.S. impose 55% duties in the first year of the remedy, 45% in the second year, and 35% in the third. The Office of the United States Trade Representative has issued a public request for comments on this proposed remedy. Comments are due July 27.

The next step (after comments and a public hearing) is for the President to decide on the appropriate remedy. Technically, the President is required to implement a remedy, although it need not be the one recommended by the ITC. There is a loophole. The President can determine that it is not in the public interest to impose a remedy. Under the Bush administration, no safeguard remedies were imposed regarding Chinese imports.

Full post as published by Customs Law on July 15, 2009 (boomark / email).

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