It seems that, under 19 USC, section 1337(d), there are four specific
"public interest" factors to be considered:
- the public
health and welfare;
- competitive conditions in the United States
economy;
- the production of like or directly competitive articles in
the United States;
- United States consumers.
The
paragraph 19 USC, section 1337(d)(1) is quoted below, and the language used
seems to be repeated in other subsections of the statute, including 1337 (e),
(f) and (g):
If the Commission determines, as a result of an
investigation under this section, that there is a violation of this section, it
shall direct that the articles concerned, imported by any person violating the
provision of this section, be excluded from entry into the United States,
unless, after considering the effect of such exclusion upon the public health
and welfare, competitive conditions in the United States economy, the production
of like or directly competitive articles in the United States, and United States
consumers, it finds that such articles should not be excluded from entry. The
Commission shall notify the Secretary of the Treasury of its action under this
subsection directing such exclusion from entry, and upon receipt of such notice,
the Secretary shall, through the proper officers, refuse such entry.
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