Contents
Characterization of issue as legal in section 337 cases / 부준호 1
【목차】 1
I. Introduction 2
II. Several major features of section 337 4
1. In rem jurisdiction 4
2. Effective Remedies 4
3. Convenient Implementation of Orders by the Customs 6
4. Rapid Proceeding and Predictability of Schedule 7
5. Intensive Case Review by Experienced ALJ 7
6. Expanded Avenue of Section 337 with Globalization of Business 8
III. Enactment and amendments of section 337 9
1. Tariff Act 1930 9
2. Tariff Act 1974 9
3. Omnibus Trade Act 1988 11
4. Amendment in 1994 12
IV. Characterize issue as a legal issue 15
1. Single Tier Appeal System 15
2. Administrative res judicata 17
3. Unsupported by Substantial Evidence on the Record(Factual Findings) 19
4. Arbitrary and Capricious/Abuse of Discretion(Remedies Decided by ITC) 20
5. Deference to the ITC Interpretation of the Statute 24
6. Characterize Issue As a Legal Issue (De novo Standard and Burden of Proof) 31
V. Conclusion 34
References 36
Abstract 38
국문초록 40