Volume 49
Issue
2
Date
2018

Dusting Off Section 201: Re-Examining a Previously Dormant Trade Remedy

by Joshua E. Kurland

After going unused for most of two decades, Section 201 of the Trade Act of 1974 received renewed interest and attention in 2017 following the U.S. International Trade Commission’s initiation of two separate Section 201 “safe-guard” investigations into relief from increased imports requested by U.S. manufacturers of solar products and large residential washers. In light of these developments, this article re-examines the Section 201 regime, focusing on how the statute functions, how U.S. courts and WTO tribunals have handled Section 201 cases, and how matters played out in the Solar Products and Large Residential Washers proceedings.

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