Abstract

Approximately four months after President Ford signed into law the Trade Act of 1974,1 the first petition for import relief was filed invoking the "liberalized" provisions of Title II.2 In the three years since the effective date of the 1974 Act, the United States International Trade Commission (ITC) has instituted investigations concerning a wide variety of commodities. 3 Nonetheless, even though Congress by enacting the 1974 Act intended to minimize the President's control over trade policy and to make import relief more accessible to both industry and labor, the lTC's recommendations have rarely been followed. This article will analyze the ineffectiveness of the 1974 Act by outlining the background of this new statute, discussing the resolution of specific cases faced by the ITC since 1974, and considering reasons why the Act has not lived up to original expectations. Changes will be suggested which are necessary to achieve a viable international trade policy. Specifically, the article will focus on the critical issue of the extent to which the Executive has been responsive to the findings and recommendations of the ITC in those reports which have made affirmative determinations and have recommended import relief of various kinds.

Document Type

Article

Publication Information

19 Boston College Law Review 839-857 (1978)

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