Is there an unfair trade practice involved?
No. Global safeguard investigations do not require the finding of an unfair trade practice. The Commission’s responsibility is to decide whether an article is being imported in such increased quantities that it is a substantial cause of serious injury, or threat of serious injury, to the U.S. industry. However, the injury requirement under section 201 is considered to be more difficult than those of the unfair trade practice statutes. Section 201 requires that the injury or threatened injury be “serious” and that the increased imports must be a “substantial cause” of the serious injury or threat of serious injury. • Is it different from a dumping case? Yes. Dumping, or sales in the United States of an imported product at less than fair value, is an unfair trade practice. Dumping investigations are conducted under a different law, have different injury standards and procedures, and, if affirmative, result in different remedies. Safeguard investigations involve imports of a product from
