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Sheppard Mullin's Nota Bene

Oct 31, 2018

The International Trade Commission, which is an independent, quasijudicial Federal agency with broad investigative responsibilities on matters of trade, has become a virtual forum for private trade wars that can impact American and international markets drastically. Given the current trade wars, we’re exploring how multinationals should approach dealing with competing imports and their potential for undermining the market for domestic products.

Joining me is economist Susan H. Manning, Ph.D. Susan is a Senior Vice President at international economic consulting firm Compass Lexecon, based in Washington D.C. and London. She is Chief Operating Officer of the Center for Healthcare Economics and Policy within the Economic Consulting segment. Dr. Manning has over 30 years of economics and litigation consulting experience, including extensive expertise in antitrust, mergers and acquisitions, international trade, and regulatory policy analysis.

What We Discuss in this Episode: 

  • How can domestic industries be injured by imports?
  • What are the different types of import injuries?
  • When are import injuries brought under countervailing duty statutes?
  • How the U.S. International Trade Commission ("ITC") investigates imports to determine if they violate intellectual property laws
  • What is dumping?
  • How do you determine the cost of production when discussing dumping?
  • What affect do exchange rates and differences in markets affect cost of production?
  • The importance of finding “injury” by the subject imports in the domestic market
  • The process of filing a Petition claiming injury by subject imports
  • What is price depression and price suppression?
  • Can a determination of unfair practices be appealed to the WTO or any other organization?
  • How do you apply the import injury analysis in nations that have nationalized economies?
  • What affect the current trade wars have on dumping
  • The various statutes that exist to help a US industry that is struggling because of the global trade wars
  • How the ITC is an alternative forum for intellectual property infringement claims

Resources Mentioned:

U.S. International Trade Commission

Section 301 investigations

Section 201 safeguard statutes  

Contact Information:

Susan's profile

Susan's email:

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.