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Statutory Public Interest at the ITC | 282 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
adverb-verb?
Authored by: Anonymous on Thursday, March 14 2013 @ 04:32 PM EDT
My dictionaries don't give a straight up definition for "public interest", but

public adjective
1. of or concerning the people as a whole

interest noun
1. the state of wanting to know or learn about something or someone
...
3 the advantage or benefit of a person or group

Observe however that while the Notice (PDF) refers to
the public interest, as defined in 19 U.S.C. 1337 (d)(1) and (f)(1)
that statute refers throughout to
public health and welfare


[ Reply to This | Parent | # ]

Statutory Public Interest at the ITC
Authored by: macliam on Friday, March 15 2013 @ 03:28 AM EDT

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.

[ Reply to This | Parent | # ]

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