进口是罪魁祸首吗?1974年贸易法下的损害归因

Are Imports to Blame? Attribution of Injury under the 1974 Trade Act

Journal of Law & Economics · 1985
被引 5
人大 A-ABS 3

中文导读

为1974年贸易法第201条案件提供了一个经济统计框架,用于区分进口、需求变化和供给变化对国内产业损害的影响,并以1984年铜业案例说明进口并非损害主因。

Abstract

Under Section 201 of the 1974 Trade Act, a domestic industry can obtain temporary protection against imports by demonstrating before the International Trade Commission that it has been injured, and that imports have been the "substantial cause" of injuryi.e., "a cause which is important and not less than any other cause." To date, the ITC lacks a coherent framework for selecting a menu of other factors which might be considered as causes of injury, and for weighing the effects of these other factors against those of imports . This paper sets forth a straightforward economic and statistical framework for use in Section 201 cases. This framework is based on the fact that if the domestic industry is competitive, injury can arise from one or more of three broad sources: adverse shifts in market demand, adverse shifts in domestic supply, or increased imports. We show how these sources of injury can be distinguished in theory, and statistically evaluated in practice. As an illustrative example, we apply the framework to the case of the copper industry, which petitioned the ITC for relief in 1984. Although that industry has indeed suffered injury, we show that the "substantial cause" was not imports, but instead increasing costs and decreasing demand.

年贸易法条款损害归因实质性原因