Antidumping and Countervailing Duty Proceedings

Antidumping (AD) and countervailing duty (CVD) investigations are conducted either on the basis of a petition filed with the Department of Commerce (Commerce) through the In­ternational Trade Administration (ITA) and the International Trade Commission on behalf of a domestic industry or by Commerce upon its own initiative. In the latter case, Commerce must notify

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Other Trade Remedies

1. Unfair Trade Practices in Import Trade The ITC is authorized, upon the filing of a complaint or on its own initiative, to investigate alleged violations of section 337 and to determine whether such violations exist. Section 337 of the Tariff Act of 1930 prohibits (1) the importation of articles that violate a valid

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Similar Products and Dumping

A Chilean salmon exporter was accused of dumping salmon in the U.S. market at less than fair value. An antidumping petition was filed in 1997 by the Coalition for Fair Atlantic Salmon Trade. The U.S. Department of Commerce (ITA) initiated an antidumping duty investigation to determine whether Chilean exporters of Atlantic fresh farmed salmon

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Dominican Republic: Safeguard Measures on Imports of Polypropylene Bags and Tubular Fabric

On October 15, 2010, Costa Rica requested consultations (under the WTO) with the Dominican Republic concerning provisional and definitive safeguard mea­sures imposed by the Dominican Republic on imports of polypropylene bags and tubular fabric and the investigation that led to the imposition of those mea­sures. Costa Rica was concerned about certain aspects of the

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What Are Intellectual Property Rights?

Intellectual property rights are exclusive rights given to persons over the use of their creation for a given period of time. Such rights are customarily divided into various areas, as detailed in the following material. 1. Patents A patent is a proprietary right granted by the government to inventors (and other persons de­riving their

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Intellectual Property Rights and International Trade

An important feature of intellectual property rights is their exclusiveness and territorial di­mension. This means that a patent holder or licensee is the person solely entitled to manu­facture and market the patented product within a given territory of the state in which the patent is granted. The exclusive and territorial character of such rights

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Protection of Intellectual Property Rights

Protection Under Domestic Laws Most countries have domestic laws to protect intellectual property rights. In the United States, Section 337 of the Tariff Act of 1930 authorizes the International Trade Commis­sion (ITC) to institute an investigation into the importation of articles that may infringe on U.S patents, trademarks, or copyrights. If the ITC determines

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International and Regional Protection

1. The Paris Convention The Paris Convention is used in connection with two separate treaties: (1) international protection of industrial property, and (2) international copyright protection (the Universal Copyright Convention). The Paris Convention for the protection of industrial property was concluded in 1883 and has gone through various revisions. It applies to industrial property

Global E-Commerce: Selling in a Networked Economy

Information and communication technologies (ICT) are leading to a hyperconnected world where people and businesses can communicate with each other instantly. It is intro­ducing new business opportunities by improving efficiency and productivity and generat­ing new products and services (World Economic Forum, 2012). Much like the advent of railways and electricity, it is also profoundly

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Trading Online

The website is the main tool of communication in the online market, and it is thus impor­tant to invest sufficient resources in building an attractive website with good content (some importers also use eBay, Amazon, and Craigslist to market their products). It has to be fully functional (can upload images, accept payments), have updated

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International Regulation of Electronic Commerce

The emergence of new technologies raises issues about the extent to which a balance has to be maintained between government regulation to protect the consumer and self-regulation. In 1997 the Clinton administration outlined a framework for global e-commerce and un­derlined the need for regulation and negotiation of international agreements on electronic commerce. It states:

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Patents and Access to Lifesaving Drugs

Under the Uruguay Round Agreement (1995), the jurisdiction of the World Trade Organization was expanded to include the protection of intellectual property rights. The agreement covers a wide range of subjects, including patents, copyrights, and trade secrets. It allows trade sanctions against countries that fail to abide by the agreement. With regard to the

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EXW | Fx Works – Incoterms 2020

Ex Works (EXW) is the Incoterms 2020 rule used to describe the delivery of goods by the seller at their place of business, normally in their factory, offices or warehouse. The seller does not need to then load items onto a truck or ship, and the remainder of the shipment is the responsibility of

FCA | Free Carrier – Incoterms 2020

The FCA (Free Carrier) rule requires the seller to deliver the goods to the buyer or its carrier either at the seller’s premises loaded onto the collecting vehicle or delivered to another premises (typically a forwarder’s warehouse, airport or container terminal) not unloaded from the seller’s vehicle. The seller must carry out any export

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CPT | Carriage Paid To – Incoterms 2020

The CPT (Carriage Paid To) – Incoterms 2020 rule requires the seller to deliver the goods to its carrier but does not indicate whether that is either at the seller’s premises loaded onto the collecting vehicle or delivered to another premises not unloaded from the seller’s vehicle. The seller must carry out any export

CIP | Carriage and Insurance Paid To – Incoterms 2020

CIP (or Carriage and Insurance Paid To) – Incoterms 2020 is an Incoterm where the seller is responsible for the delivery of goods to an agreed destination in the buyers country, and must pay for the cost of this carriage. The sellers risk however, ends once they have placed the goods on the ship,

DPU | Delivered at Place Unloaded – Incoterms 2020

This is a new rule for Incoterms 2020. While it is often stated as simply being a change of name from the previous DAT (Delivered At Terminal) it is in fact just that little bit more. DAT itself was introduced 2010 as an expansion of DEQ (Delivered Ex Quay) to cover any mode of

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DAP | Delivered at Place – Incoterms 2020

DAP requires the seller to deliver to a place named by a buyer, typically the buyer’s premises. The buyer is responsible for unloading the means of transport. The seller has to carry out any export formalities and the buyer has to carry out any import formalities. Like with CPT and CIP the seller contracts

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DDP | Delivered Duty Paid – Incoterms 2020

This rule DDP | Delivered Duty Paid – Incoterms 2020 should be used with great care as the seller might need to be a registered entity both for import and VAT/GST in the buyer’s country, a fairly unlikely scenario. If the seller finds itself unable to be the importer or to be able to

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FAS | Free Alongside Ship – Incoterms 2020

The FAS (Free Alongside Ship) – Incoterms 2020 rule goes back to the days of sailing ships, and requires the seller to place the goods alongside the vessel nominated by the buyer. FAS is rarely used these days but still might be appropriate typically in shipments of heavy machinery which is brought to the

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