Ch11Briefs - Chapter 11 Briefs ArgentinaSafeguard Measures...

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Chapter 11 Briefs Argentina—Safeguard Measures on Imports of Footwear Facts: Argentina initiated a safeguard investigation and determined that increased imports were the cause of serious injury to Argentina producers. Issues: Did Argentina's administrative safeguard proceedings fail to show that the surge in imports was the cause of injury to domestic producers? Did Argentina have to impose safeguards without regard to the country of origin? Can GATT Article XIX require that safeguard measures be imposed only if the increase in imports results from "unforeseen developments"? Analysis: The court looked at whether or not there were unforeseen developments and if they should be interpreted to mean developments occurring after the negotiation of the relevant tariff concession. The Panel found that Argentina had not evaluated two of the listed factors, capacity utilization and productivity, the Panel concluded that Argentina's investigation was not consistent with the requirements of Article 4.2a Decision: The Appellate Body upheld the panel's conclusion that Argentina had not shown that the increased imports were the cause of serious harm to the domestic footwear industry. Facts: In 1982, the ITC instituted an investigation to determine if motorcycles having engines with displacement more than 700 cubic centimeters were being imported into the US in such increased quantities as to be a substantial cause of serious injury, or threat thereof, to domestic industry producing like or directly competitive articles.
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Issues: Do imported motorcycles pose a threat to Harley Davidson? Analysis: While the current recession has undoubtedly reduced the demand for
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This note was uploaded on 01/19/2012 for the course BLS 464 taught by Professor Humbauch during the Fall '11 term at Miami University.

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Ch11Briefs - Chapter 11 Briefs ArgentinaSafeguard Measures...

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