Section 201 Safeguard Actions
Section 201 safeguard duties and remedies may be imposed as a temporary import relief to allow a U.S. industry facing serious import injury to adjust to unforeseen and increasing import competition. The attorneys at Smith & Yuskaitis PLLC have extensive experience challenging Section 201 injury investigations before the International Trade Commission and remedy proceedings before the U.S. Trade Representative, including successfully obtaining a country-specific exclusion from import duties.
Experienced Legal Representation in Section 201 Safeguard Actions
Section 201 of the Trade Act of 1974 authorizes the United States to impose safeguard measures, including tariffs and quotas, on imported goods that cause or threaten to cause serious injury to domestic industries. Unlike antidumping or countervailing duty cases, Section 201 safeguard actions apply to fairly traded imports, making them unique in international trade law.
At Smith & Yuskaitis, PLLC, our experienced international trade attorneys have a proven track record of successfully challenging Section 201 injury determinations before the U.S. International Trade Commission during the injury phase and the U.S. Trade Representative during the remedy phase of these investigations. Our team has successfully represented clients in seeking country-specific exclusions from safeguard duties, helping businesses navigate complex legal frameworks while mitigating the impact of import restrictions.
Understanding Section 201 Safeguard Measures
Section 201 investigations are initiated when the domestic industry files a petition at the ITC, alleging that increased imports are causing serious harm to U.S. manufacturers. If the ITC determines that injury has occurred, the President has the authority to impose safeguard measures, which may include:
Increased tariffs on affected imports
Import quotas or tariff-rate quotas
Trade adjustment assistance for affected workers and industries
Negotiations with foreign governments for alternative relief measures
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