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What is the legal basis for the Trump administration's decision to impose and then remove tariffs?



Planned maintenance scheduled April 17/18, 2019 at 00:00UTC (8:00pm US/Eastern)
Announcing the arrival of Valued Associate #679: Cesar Manara
Unicorn Meta Zoo #1: Why another podcast?Congressional Review Act--Is it Constitutional?What would be needed for the Clean Water Act to be cancelled?What was the legal basis for the federal court's nullification of the executive order banning travel?Wrongfully influencing a private entity’s employment decision/practice, Is this law being violated?What is the Trump administration's legal basis for not imposing sanctions on Russia?What recourse does China have for responding to US tariffs?Fake News: How can a government of and by the people address the problem?Congress's power to Declare War vs Authorization to Use Military Forces (AUMF)What sense does it make to describe a halt-of-work caused by the US government itself as it being “shut down”?Why did Democrats in the Senate oppose the Born-Alive Abortion Survivors Protection Act (2019 S.130)?










10















I'm no expert on the applicable law regarding tariffs and international trade, but I do know that the most famous tariff policy in US history was the Smoot-Hawley Tariff Act, named after two members of Congress who were its principal sponsors. It added various new tariffs to US law, and is generally considered a disaster by historians because of the damage that the retaliation it prompted did to the US economy. The notable thing, for the purposes of this question, is that it was a law: a bill originating in Congress, passed by legislative process, and sent to the President to sign.



More recently, during the Trump administration, we've heard a lot about the administration imposing new tariffs as a bargaining chip to use against China, and then relaxing them as negotiations with China go well. News reports generally speak of the President imposing the tariffs, which can be interpreted either personally or as a synecdoche representing his administration, but either way it's referring to Executive Branch action.



How does this work, when tariffs, by historical precedent, are a matter of law and the responsibility of the Legislative Branch? Are the common news reports oversimplifying things, or has some action been taken to delegate this responsibility to the Executive for some reason?










share|improve this question















migrated from law.stackexchange.com Apr 11 at 11:09


This question came from our site for legal professionals, students, and others with experience or interest in law.






















    10















    I'm no expert on the applicable law regarding tariffs and international trade, but I do know that the most famous tariff policy in US history was the Smoot-Hawley Tariff Act, named after two members of Congress who were its principal sponsors. It added various new tariffs to US law, and is generally considered a disaster by historians because of the damage that the retaliation it prompted did to the US economy. The notable thing, for the purposes of this question, is that it was a law: a bill originating in Congress, passed by legislative process, and sent to the President to sign.



    More recently, during the Trump administration, we've heard a lot about the administration imposing new tariffs as a bargaining chip to use against China, and then relaxing them as negotiations with China go well. News reports generally speak of the President imposing the tariffs, which can be interpreted either personally or as a synecdoche representing his administration, but either way it's referring to Executive Branch action.



    How does this work, when tariffs, by historical precedent, are a matter of law and the responsibility of the Legislative Branch? Are the common news reports oversimplifying things, or has some action been taken to delegate this responsibility to the Executive for some reason?










    share|improve this question















    migrated from law.stackexchange.com Apr 11 at 11:09


    This question came from our site for legal professionals, students, and others with experience or interest in law.




















      10












      10








      10


      1






      I'm no expert on the applicable law regarding tariffs and international trade, but I do know that the most famous tariff policy in US history was the Smoot-Hawley Tariff Act, named after two members of Congress who were its principal sponsors. It added various new tariffs to US law, and is generally considered a disaster by historians because of the damage that the retaliation it prompted did to the US economy. The notable thing, for the purposes of this question, is that it was a law: a bill originating in Congress, passed by legislative process, and sent to the President to sign.



      More recently, during the Trump administration, we've heard a lot about the administration imposing new tariffs as a bargaining chip to use against China, and then relaxing them as negotiations with China go well. News reports generally speak of the President imposing the tariffs, which can be interpreted either personally or as a synecdoche representing his administration, but either way it's referring to Executive Branch action.



      How does this work, when tariffs, by historical precedent, are a matter of law and the responsibility of the Legislative Branch? Are the common news reports oversimplifying things, or has some action been taken to delegate this responsibility to the Executive for some reason?










      share|improve this question
















      I'm no expert on the applicable law regarding tariffs and international trade, but I do know that the most famous tariff policy in US history was the Smoot-Hawley Tariff Act, named after two members of Congress who were its principal sponsors. It added various new tariffs to US law, and is generally considered a disaster by historians because of the damage that the retaliation it prompted did to the US economy. The notable thing, for the purposes of this question, is that it was a law: a bill originating in Congress, passed by legislative process, and sent to the President to sign.



      More recently, during the Trump administration, we've heard a lot about the administration imposing new tariffs as a bargaining chip to use against China, and then relaxing them as negotiations with China go well. News reports generally speak of the President imposing the tariffs, which can be interpreted either personally or as a synecdoche representing his administration, but either way it's referring to Executive Branch action.



      How does this work, when tariffs, by historical precedent, are a matter of law and the responsibility of the Legislative Branch? Are the common news reports oversimplifying things, or has some action been taken to delegate this responsibility to the Executive for some reason?







      united-states china separation-of-powers tariffs






      share|improve this question















      share|improve this question













      share|improve this question




      share|improve this question








      edited Apr 11 at 15:48









      Fizz

      15.4k23798




      15.4k23798










      asked Apr 10 at 21:40









      Mason WheelerMason Wheeler

      1516




      1516




      migrated from law.stackexchange.com Apr 11 at 11:09


      This question came from our site for legal professionals, students, and others with experience or interest in law.









      migrated from law.stackexchange.com Apr 11 at 11:09


      This question came from our site for legal professionals, students, and others with experience or interest in law.






















          3 Answers
          3






          active

          oldest

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          9














          Congress granted to the President authority to set tariffs by agreement with outher countries in the Reciprocal Tariff Act of 1934, and later extended such authority under various laws. The trump tariff changes were imposed under Section 232 of the Trade Expansion Act of 1962, as described in "America Trades Down" from Lawfare The article suggests that there may be challenges to these tariffs. It seems that Section 232 has been rarely used, and not since the creation of the WTO in 1995.






          share|improve this answer






























            8














            The president can order that tariffs be imposed for national security. Trump's reasoning is laid out here:
            https://www.vox.com/2018/3/8/17097206/trump-tariffs-congress



            You are right that the constitution gives congress the right to establish tariffs, but congress has ceded some of that power to the Executive Branch of the government over the years, but only for national security purposes or during an emergency.



            The act that Trump's administration used is summarized here:





            To conduct an investigation under Section 232 of the Trade Expansion Act of 1962, the Secretary of Commerce may self-initiate the investigation or an interested party may initiate an investigation through an application. Any investigation initiated must be reported to the Secretary of Defense which can also be consulted for information and advice should any policy questions arise during the investigation. The Department of Commerce reports its findings to the President within 270 days of initiating any investigation, with emphasis on whether certain imports threaten to impair the country's national security. The President has 90 days to formally concur or not with the report received from the Commerce department. If s/he concurs, his or her statutory authority under Section 232 allows him or her to modify or adjust the imports as necessary though tariffs or quotas. In effect, following the report submitted, the President of the country may take a range of actions, or no action, based on the Secretary's recommendations provided in the reports.
            https://www.investopedia.com/terms/s/section-232-trade-expansion-act.asp








            share|improve this answer






























              2














              The other answers are only partially correct. Not all Trump tariffs are based on the national security section 232. In fact, most tariffs he raised on China are not like that, but rather:




              On March 22, 2018, Trump signed a memorandum under the Section 301 of the Trade Act of 1974, instructing the United States Trade Representative (USTR) to apply tariffs of $50 billion on Chinese goods. Trump stated that the tariffs would be imposed due to Chinese theft of U.S intellectual property.




              Actually the complete wording of section 301 investigation was




              “China’s unfair trade practices related to the forced transfer of American technology and intellectual property.”




              The latter section:




              authorizes the President to take all appropriate action, including retaliation, to obtain the removal of any act, policy, or practice of a foreign government that violates an international trade agreement or is unjustified, unreasonable, or discriminatory, and that burdens or restricts U.S. commerce.




              The later $200 billion raise was also based on section 301, but basically as counter-retaliation to China's response to the initial tarrifs:




              After separate notice and comment proceedings, in June and August USTR released two lists of Chinese imports, with a combined annual trade value of approximately $50 billion, with the goal of obtaining the elimination of China’s harmful acts, policies and practices. Unfortunately, China has been unwilling to change its policies involving the unfair acquisition of U.S. technology and intellectual property. Instead, China responded to the United States’ tariff action by taking further steps to harm U.S. workers and businesses. In these circumstances, the President has directed the U.S. Trade Representative to increase the level of trade covered by the additional duties in order to obtain elimination of China’s unfair policies. The Administration will continue to encourage China to allow for fair trade with the United States.




              And unlike section 232, section 301 has been invoked more often:




              Since 1974, the USTR has initiated 125 Section 301
              cases, retaliating in 17 instances.




              but most of those retaliations were before the Uruguay Round of the WTO:




              After the United States implemented the UR [Uruguay Round] agreements
              and joined the WTO is 1995, the USTR still sometimes
              began Section 301 investigations but then brought the
              issues at hand to the WTO for dispute resolution. After
              2010, the USTR brought all trade disputes involving WTO
              members directly to the WTO for adjudication. The Trump
              Administration’s use of Section 301, rather than solely
              utilizing the WTO dispute settlement process to address the
              issues of concern, is a departure from past U.S. practices.



              Prior to the UR agreements, China was a major target of
              Section 301 actions. In 1992 and 1994, the United States
              threatened to impose increased tariffs against China over its
              IPR [intellectual property] policies. In 1992, the United States threatened
              increased tariffs on $3.9 billion worth of Chinese goods
              over market access issues. These cases resulted in bilateral
              agreements before tariff hikes were implemented. In
              October 2010, the USTR launched a Section 301
              investigation into Chinese policies affecting trade and
              investment in green technologies, and in December 2010,
              brought a WTO dispute settlement case against China, but
              only in regard to its wind power subsidies. In March 2012,
              the USTR initiated a WTO dispute case against China’s
              export restrictions on rare earth elements (used in a number
              of green technology products). The United States largely
              prevailed in both cases.




              As for a bit of historical background, the 1974 Trade Act was passed in the context of the Tokyo Round of GATT, and on the background of stagflation in the US, coupled with the 1973 OPEC oil embargo (itself related to Yom Kippur War).



              Later on, Congress tried to put some limits on the retaliatory power delegated in 1974 via section 301 (but also granted him foreign-investment stopping powers):




              Amendments to section 301 in 1979 established specific time lines for investigations and the final resolution of disputes. Although these amendments created a more elaborate regulatory framework for dispute settlement, they did not deprive the President of discretion regarding whether to take action. The amendments also required consultations with the government named in the petition.



              More amendments in 1984 defined "unjustifiable," unreasonable," and "discriminatory practices" and provided for the initiation of section 301 investigations by the USTR. The law required the preparation of an annual National Trade Estimate or NTE and
              permitted the President to place restrictions on foreign direct investment.



              The most recent amendments, in the Omnibus Trade and Competitiveness Act of 1988, transferred final decision-making authority in section 301 cases from the President to the USTR.




              And so goes the theory that the USTR is somewhat independent from the President. Which I think is largely ignored by the press today. Probably the fact that Trump tweets every time that the USTR does something in relation to tariffs is undoubtedly related though.






              share|improve this answer

























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                3 Answers
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                3 Answers
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                9














                Congress granted to the President authority to set tariffs by agreement with outher countries in the Reciprocal Tariff Act of 1934, and later extended such authority under various laws. The trump tariff changes were imposed under Section 232 of the Trade Expansion Act of 1962, as described in "America Trades Down" from Lawfare The article suggests that there may be challenges to these tariffs. It seems that Section 232 has been rarely used, and not since the creation of the WTO in 1995.






                share|improve this answer



























                  9














                  Congress granted to the President authority to set tariffs by agreement with outher countries in the Reciprocal Tariff Act of 1934, and later extended such authority under various laws. The trump tariff changes were imposed under Section 232 of the Trade Expansion Act of 1962, as described in "America Trades Down" from Lawfare The article suggests that there may be challenges to these tariffs. It seems that Section 232 has been rarely used, and not since the creation of the WTO in 1995.






                  share|improve this answer

























                    9












                    9








                    9







                    Congress granted to the President authority to set tariffs by agreement with outher countries in the Reciprocal Tariff Act of 1934, and later extended such authority under various laws. The trump tariff changes were imposed under Section 232 of the Trade Expansion Act of 1962, as described in "America Trades Down" from Lawfare The article suggests that there may be challenges to these tariffs. It seems that Section 232 has been rarely used, and not since the creation of the WTO in 1995.






                    share|improve this answer













                    Congress granted to the President authority to set tariffs by agreement with outher countries in the Reciprocal Tariff Act of 1934, and later extended such authority under various laws. The trump tariff changes were imposed under Section 232 of the Trade Expansion Act of 1962, as described in "America Trades Down" from Lawfare The article suggests that there may be challenges to these tariffs. It seems that Section 232 has been rarely used, and not since the creation of the WTO in 1995.







                    share|improve this answer












                    share|improve this answer



                    share|improve this answer










                    answered Apr 10 at 21:57









                    David SiegelDavid Siegel

                    3368




                    3368





















                        8














                        The president can order that tariffs be imposed for national security. Trump's reasoning is laid out here:
                        https://www.vox.com/2018/3/8/17097206/trump-tariffs-congress



                        You are right that the constitution gives congress the right to establish tariffs, but congress has ceded some of that power to the Executive Branch of the government over the years, but only for national security purposes or during an emergency.



                        The act that Trump's administration used is summarized here:





                        To conduct an investigation under Section 232 of the Trade Expansion Act of 1962, the Secretary of Commerce may self-initiate the investigation or an interested party may initiate an investigation through an application. Any investigation initiated must be reported to the Secretary of Defense which can also be consulted for information and advice should any policy questions arise during the investigation. The Department of Commerce reports its findings to the President within 270 days of initiating any investigation, with emphasis on whether certain imports threaten to impair the country's national security. The President has 90 days to formally concur or not with the report received from the Commerce department. If s/he concurs, his or her statutory authority under Section 232 allows him or her to modify or adjust the imports as necessary though tariffs or quotas. In effect, following the report submitted, the President of the country may take a range of actions, or no action, based on the Secretary's recommendations provided in the reports.
                        https://www.investopedia.com/terms/s/section-232-trade-expansion-act.asp








                        share|improve this answer



























                          8














                          The president can order that tariffs be imposed for national security. Trump's reasoning is laid out here:
                          https://www.vox.com/2018/3/8/17097206/trump-tariffs-congress



                          You are right that the constitution gives congress the right to establish tariffs, but congress has ceded some of that power to the Executive Branch of the government over the years, but only for national security purposes or during an emergency.



                          The act that Trump's administration used is summarized here:





                          To conduct an investigation under Section 232 of the Trade Expansion Act of 1962, the Secretary of Commerce may self-initiate the investigation or an interested party may initiate an investigation through an application. Any investigation initiated must be reported to the Secretary of Defense which can also be consulted for information and advice should any policy questions arise during the investigation. The Department of Commerce reports its findings to the President within 270 days of initiating any investigation, with emphasis on whether certain imports threaten to impair the country's national security. The President has 90 days to formally concur or not with the report received from the Commerce department. If s/he concurs, his or her statutory authority under Section 232 allows him or her to modify or adjust the imports as necessary though tariffs or quotas. In effect, following the report submitted, the President of the country may take a range of actions, or no action, based on the Secretary's recommendations provided in the reports.
                          https://www.investopedia.com/terms/s/section-232-trade-expansion-act.asp








                          share|improve this answer

























                            8












                            8








                            8







                            The president can order that tariffs be imposed for national security. Trump's reasoning is laid out here:
                            https://www.vox.com/2018/3/8/17097206/trump-tariffs-congress



                            You are right that the constitution gives congress the right to establish tariffs, but congress has ceded some of that power to the Executive Branch of the government over the years, but only for national security purposes or during an emergency.



                            The act that Trump's administration used is summarized here:





                            To conduct an investigation under Section 232 of the Trade Expansion Act of 1962, the Secretary of Commerce may self-initiate the investigation or an interested party may initiate an investigation through an application. Any investigation initiated must be reported to the Secretary of Defense which can also be consulted for information and advice should any policy questions arise during the investigation. The Department of Commerce reports its findings to the President within 270 days of initiating any investigation, with emphasis on whether certain imports threaten to impair the country's national security. The President has 90 days to formally concur or not with the report received from the Commerce department. If s/he concurs, his or her statutory authority under Section 232 allows him or her to modify or adjust the imports as necessary though tariffs or quotas. In effect, following the report submitted, the President of the country may take a range of actions, or no action, based on the Secretary's recommendations provided in the reports.
                            https://www.investopedia.com/terms/s/section-232-trade-expansion-act.asp








                            share|improve this answer













                            The president can order that tariffs be imposed for national security. Trump's reasoning is laid out here:
                            https://www.vox.com/2018/3/8/17097206/trump-tariffs-congress



                            You are right that the constitution gives congress the right to establish tariffs, but congress has ceded some of that power to the Executive Branch of the government over the years, but only for national security purposes or during an emergency.



                            The act that Trump's administration used is summarized here:





                            To conduct an investigation under Section 232 of the Trade Expansion Act of 1962, the Secretary of Commerce may self-initiate the investigation or an interested party may initiate an investigation through an application. Any investigation initiated must be reported to the Secretary of Defense which can also be consulted for information and advice should any policy questions arise during the investigation. The Department of Commerce reports its findings to the President within 270 days of initiating any investigation, with emphasis on whether certain imports threaten to impair the country's national security. The President has 90 days to formally concur or not with the report received from the Commerce department. If s/he concurs, his or her statutory authority under Section 232 allows him or her to modify or adjust the imports as necessary though tariffs or quotas. In effect, following the report submitted, the President of the country may take a range of actions, or no action, based on the Secretary's recommendations provided in the reports.
                            https://www.investopedia.com/terms/s/section-232-trade-expansion-act.asp









                            share|improve this answer












                            share|improve this answer



                            share|improve this answer










                            answered Apr 10 at 21:52







                            Putvi




























                                2














                                The other answers are only partially correct. Not all Trump tariffs are based on the national security section 232. In fact, most tariffs he raised on China are not like that, but rather:




                                On March 22, 2018, Trump signed a memorandum under the Section 301 of the Trade Act of 1974, instructing the United States Trade Representative (USTR) to apply tariffs of $50 billion on Chinese goods. Trump stated that the tariffs would be imposed due to Chinese theft of U.S intellectual property.




                                Actually the complete wording of section 301 investigation was




                                “China’s unfair trade practices related to the forced transfer of American technology and intellectual property.”




                                The latter section:




                                authorizes the President to take all appropriate action, including retaliation, to obtain the removal of any act, policy, or practice of a foreign government that violates an international trade agreement or is unjustified, unreasonable, or discriminatory, and that burdens or restricts U.S. commerce.




                                The later $200 billion raise was also based on section 301, but basically as counter-retaliation to China's response to the initial tarrifs:




                                After separate notice and comment proceedings, in June and August USTR released two lists of Chinese imports, with a combined annual trade value of approximately $50 billion, with the goal of obtaining the elimination of China’s harmful acts, policies and practices. Unfortunately, China has been unwilling to change its policies involving the unfair acquisition of U.S. technology and intellectual property. Instead, China responded to the United States’ tariff action by taking further steps to harm U.S. workers and businesses. In these circumstances, the President has directed the U.S. Trade Representative to increase the level of trade covered by the additional duties in order to obtain elimination of China’s unfair policies. The Administration will continue to encourage China to allow for fair trade with the United States.




                                And unlike section 232, section 301 has been invoked more often:




                                Since 1974, the USTR has initiated 125 Section 301
                                cases, retaliating in 17 instances.




                                but most of those retaliations were before the Uruguay Round of the WTO:




                                After the United States implemented the UR [Uruguay Round] agreements
                                and joined the WTO is 1995, the USTR still sometimes
                                began Section 301 investigations but then brought the
                                issues at hand to the WTO for dispute resolution. After
                                2010, the USTR brought all trade disputes involving WTO
                                members directly to the WTO for adjudication. The Trump
                                Administration’s use of Section 301, rather than solely
                                utilizing the WTO dispute settlement process to address the
                                issues of concern, is a departure from past U.S. practices.



                                Prior to the UR agreements, China was a major target of
                                Section 301 actions. In 1992 and 1994, the United States
                                threatened to impose increased tariffs against China over its
                                IPR [intellectual property] policies. In 1992, the United States threatened
                                increased tariffs on $3.9 billion worth of Chinese goods
                                over market access issues. These cases resulted in bilateral
                                agreements before tariff hikes were implemented. In
                                October 2010, the USTR launched a Section 301
                                investigation into Chinese policies affecting trade and
                                investment in green technologies, and in December 2010,
                                brought a WTO dispute settlement case against China, but
                                only in regard to its wind power subsidies. In March 2012,
                                the USTR initiated a WTO dispute case against China’s
                                export restrictions on rare earth elements (used in a number
                                of green technology products). The United States largely
                                prevailed in both cases.




                                As for a bit of historical background, the 1974 Trade Act was passed in the context of the Tokyo Round of GATT, and on the background of stagflation in the US, coupled with the 1973 OPEC oil embargo (itself related to Yom Kippur War).



                                Later on, Congress tried to put some limits on the retaliatory power delegated in 1974 via section 301 (but also granted him foreign-investment stopping powers):




                                Amendments to section 301 in 1979 established specific time lines for investigations and the final resolution of disputes. Although these amendments created a more elaborate regulatory framework for dispute settlement, they did not deprive the President of discretion regarding whether to take action. The amendments also required consultations with the government named in the petition.



                                More amendments in 1984 defined "unjustifiable," unreasonable," and "discriminatory practices" and provided for the initiation of section 301 investigations by the USTR. The law required the preparation of an annual National Trade Estimate or NTE and
                                permitted the President to place restrictions on foreign direct investment.



                                The most recent amendments, in the Omnibus Trade and Competitiveness Act of 1988, transferred final decision-making authority in section 301 cases from the President to the USTR.




                                And so goes the theory that the USTR is somewhat independent from the President. Which I think is largely ignored by the press today. Probably the fact that Trump tweets every time that the USTR does something in relation to tariffs is undoubtedly related though.






                                share|improve this answer





























                                  2














                                  The other answers are only partially correct. Not all Trump tariffs are based on the national security section 232. In fact, most tariffs he raised on China are not like that, but rather:




                                  On March 22, 2018, Trump signed a memorandum under the Section 301 of the Trade Act of 1974, instructing the United States Trade Representative (USTR) to apply tariffs of $50 billion on Chinese goods. Trump stated that the tariffs would be imposed due to Chinese theft of U.S intellectual property.




                                  Actually the complete wording of section 301 investigation was




                                  “China’s unfair trade practices related to the forced transfer of American technology and intellectual property.”




                                  The latter section:




                                  authorizes the President to take all appropriate action, including retaliation, to obtain the removal of any act, policy, or practice of a foreign government that violates an international trade agreement or is unjustified, unreasonable, or discriminatory, and that burdens or restricts U.S. commerce.




                                  The later $200 billion raise was also based on section 301, but basically as counter-retaliation to China's response to the initial tarrifs:




                                  After separate notice and comment proceedings, in June and August USTR released two lists of Chinese imports, with a combined annual trade value of approximately $50 billion, with the goal of obtaining the elimination of China’s harmful acts, policies and practices. Unfortunately, China has been unwilling to change its policies involving the unfair acquisition of U.S. technology and intellectual property. Instead, China responded to the United States’ tariff action by taking further steps to harm U.S. workers and businesses. In these circumstances, the President has directed the U.S. Trade Representative to increase the level of trade covered by the additional duties in order to obtain elimination of China’s unfair policies. The Administration will continue to encourage China to allow for fair trade with the United States.




                                  And unlike section 232, section 301 has been invoked more often:




                                  Since 1974, the USTR has initiated 125 Section 301
                                  cases, retaliating in 17 instances.




                                  but most of those retaliations were before the Uruguay Round of the WTO:




                                  After the United States implemented the UR [Uruguay Round] agreements
                                  and joined the WTO is 1995, the USTR still sometimes
                                  began Section 301 investigations but then brought the
                                  issues at hand to the WTO for dispute resolution. After
                                  2010, the USTR brought all trade disputes involving WTO
                                  members directly to the WTO for adjudication. The Trump
                                  Administration’s use of Section 301, rather than solely
                                  utilizing the WTO dispute settlement process to address the
                                  issues of concern, is a departure from past U.S. practices.



                                  Prior to the UR agreements, China was a major target of
                                  Section 301 actions. In 1992 and 1994, the United States
                                  threatened to impose increased tariffs against China over its
                                  IPR [intellectual property] policies. In 1992, the United States threatened
                                  increased tariffs on $3.9 billion worth of Chinese goods
                                  over market access issues. These cases resulted in bilateral
                                  agreements before tariff hikes were implemented. In
                                  October 2010, the USTR launched a Section 301
                                  investigation into Chinese policies affecting trade and
                                  investment in green technologies, and in December 2010,
                                  brought a WTO dispute settlement case against China, but
                                  only in regard to its wind power subsidies. In March 2012,
                                  the USTR initiated a WTO dispute case against China’s
                                  export restrictions on rare earth elements (used in a number
                                  of green technology products). The United States largely
                                  prevailed in both cases.




                                  As for a bit of historical background, the 1974 Trade Act was passed in the context of the Tokyo Round of GATT, and on the background of stagflation in the US, coupled with the 1973 OPEC oil embargo (itself related to Yom Kippur War).



                                  Later on, Congress tried to put some limits on the retaliatory power delegated in 1974 via section 301 (but also granted him foreign-investment stopping powers):




                                  Amendments to section 301 in 1979 established specific time lines for investigations and the final resolution of disputes. Although these amendments created a more elaborate regulatory framework for dispute settlement, they did not deprive the President of discretion regarding whether to take action. The amendments also required consultations with the government named in the petition.



                                  More amendments in 1984 defined "unjustifiable," unreasonable," and "discriminatory practices" and provided for the initiation of section 301 investigations by the USTR. The law required the preparation of an annual National Trade Estimate or NTE and
                                  permitted the President to place restrictions on foreign direct investment.



                                  The most recent amendments, in the Omnibus Trade and Competitiveness Act of 1988, transferred final decision-making authority in section 301 cases from the President to the USTR.




                                  And so goes the theory that the USTR is somewhat independent from the President. Which I think is largely ignored by the press today. Probably the fact that Trump tweets every time that the USTR does something in relation to tariffs is undoubtedly related though.






                                  share|improve this answer



























                                    2












                                    2








                                    2







                                    The other answers are only partially correct. Not all Trump tariffs are based on the national security section 232. In fact, most tariffs he raised on China are not like that, but rather:




                                    On March 22, 2018, Trump signed a memorandum under the Section 301 of the Trade Act of 1974, instructing the United States Trade Representative (USTR) to apply tariffs of $50 billion on Chinese goods. Trump stated that the tariffs would be imposed due to Chinese theft of U.S intellectual property.




                                    Actually the complete wording of section 301 investigation was




                                    “China’s unfair trade practices related to the forced transfer of American technology and intellectual property.”




                                    The latter section:




                                    authorizes the President to take all appropriate action, including retaliation, to obtain the removal of any act, policy, or practice of a foreign government that violates an international trade agreement or is unjustified, unreasonable, or discriminatory, and that burdens or restricts U.S. commerce.




                                    The later $200 billion raise was also based on section 301, but basically as counter-retaliation to China's response to the initial tarrifs:




                                    After separate notice and comment proceedings, in June and August USTR released two lists of Chinese imports, with a combined annual trade value of approximately $50 billion, with the goal of obtaining the elimination of China’s harmful acts, policies and practices. Unfortunately, China has been unwilling to change its policies involving the unfair acquisition of U.S. technology and intellectual property. Instead, China responded to the United States’ tariff action by taking further steps to harm U.S. workers and businesses. In these circumstances, the President has directed the U.S. Trade Representative to increase the level of trade covered by the additional duties in order to obtain elimination of China’s unfair policies. The Administration will continue to encourage China to allow for fair trade with the United States.




                                    And unlike section 232, section 301 has been invoked more often:




                                    Since 1974, the USTR has initiated 125 Section 301
                                    cases, retaliating in 17 instances.




                                    but most of those retaliations were before the Uruguay Round of the WTO:




                                    After the United States implemented the UR [Uruguay Round] agreements
                                    and joined the WTO is 1995, the USTR still sometimes
                                    began Section 301 investigations but then brought the
                                    issues at hand to the WTO for dispute resolution. After
                                    2010, the USTR brought all trade disputes involving WTO
                                    members directly to the WTO for adjudication. The Trump
                                    Administration’s use of Section 301, rather than solely
                                    utilizing the WTO dispute settlement process to address the
                                    issues of concern, is a departure from past U.S. practices.



                                    Prior to the UR agreements, China was a major target of
                                    Section 301 actions. In 1992 and 1994, the United States
                                    threatened to impose increased tariffs against China over its
                                    IPR [intellectual property] policies. In 1992, the United States threatened
                                    increased tariffs on $3.9 billion worth of Chinese goods
                                    over market access issues. These cases resulted in bilateral
                                    agreements before tariff hikes were implemented. In
                                    October 2010, the USTR launched a Section 301
                                    investigation into Chinese policies affecting trade and
                                    investment in green technologies, and in December 2010,
                                    brought a WTO dispute settlement case against China, but
                                    only in regard to its wind power subsidies. In March 2012,
                                    the USTR initiated a WTO dispute case against China’s
                                    export restrictions on rare earth elements (used in a number
                                    of green technology products). The United States largely
                                    prevailed in both cases.




                                    As for a bit of historical background, the 1974 Trade Act was passed in the context of the Tokyo Round of GATT, and on the background of stagflation in the US, coupled with the 1973 OPEC oil embargo (itself related to Yom Kippur War).



                                    Later on, Congress tried to put some limits on the retaliatory power delegated in 1974 via section 301 (but also granted him foreign-investment stopping powers):




                                    Amendments to section 301 in 1979 established specific time lines for investigations and the final resolution of disputes. Although these amendments created a more elaborate regulatory framework for dispute settlement, they did not deprive the President of discretion regarding whether to take action. The amendments also required consultations with the government named in the petition.



                                    More amendments in 1984 defined "unjustifiable," unreasonable," and "discriminatory practices" and provided for the initiation of section 301 investigations by the USTR. The law required the preparation of an annual National Trade Estimate or NTE and
                                    permitted the President to place restrictions on foreign direct investment.



                                    The most recent amendments, in the Omnibus Trade and Competitiveness Act of 1988, transferred final decision-making authority in section 301 cases from the President to the USTR.




                                    And so goes the theory that the USTR is somewhat independent from the President. Which I think is largely ignored by the press today. Probably the fact that Trump tweets every time that the USTR does something in relation to tariffs is undoubtedly related though.






                                    share|improve this answer















                                    The other answers are only partially correct. Not all Trump tariffs are based on the national security section 232. In fact, most tariffs he raised on China are not like that, but rather:




                                    On March 22, 2018, Trump signed a memorandum under the Section 301 of the Trade Act of 1974, instructing the United States Trade Representative (USTR) to apply tariffs of $50 billion on Chinese goods. Trump stated that the tariffs would be imposed due to Chinese theft of U.S intellectual property.




                                    Actually the complete wording of section 301 investigation was




                                    “China’s unfair trade practices related to the forced transfer of American technology and intellectual property.”




                                    The latter section:




                                    authorizes the President to take all appropriate action, including retaliation, to obtain the removal of any act, policy, or practice of a foreign government that violates an international trade agreement or is unjustified, unreasonable, or discriminatory, and that burdens or restricts U.S. commerce.




                                    The later $200 billion raise was also based on section 301, but basically as counter-retaliation to China's response to the initial tarrifs:




                                    After separate notice and comment proceedings, in June and August USTR released two lists of Chinese imports, with a combined annual trade value of approximately $50 billion, with the goal of obtaining the elimination of China’s harmful acts, policies and practices. Unfortunately, China has been unwilling to change its policies involving the unfair acquisition of U.S. technology and intellectual property. Instead, China responded to the United States’ tariff action by taking further steps to harm U.S. workers and businesses. In these circumstances, the President has directed the U.S. Trade Representative to increase the level of trade covered by the additional duties in order to obtain elimination of China’s unfair policies. The Administration will continue to encourage China to allow for fair trade with the United States.




                                    And unlike section 232, section 301 has been invoked more often:




                                    Since 1974, the USTR has initiated 125 Section 301
                                    cases, retaliating in 17 instances.




                                    but most of those retaliations were before the Uruguay Round of the WTO:




                                    After the United States implemented the UR [Uruguay Round] agreements
                                    and joined the WTO is 1995, the USTR still sometimes
                                    began Section 301 investigations but then brought the
                                    issues at hand to the WTO for dispute resolution. After
                                    2010, the USTR brought all trade disputes involving WTO
                                    members directly to the WTO for adjudication. The Trump
                                    Administration’s use of Section 301, rather than solely
                                    utilizing the WTO dispute settlement process to address the
                                    issues of concern, is a departure from past U.S. practices.



                                    Prior to the UR agreements, China was a major target of
                                    Section 301 actions. In 1992 and 1994, the United States
                                    threatened to impose increased tariffs against China over its
                                    IPR [intellectual property] policies. In 1992, the United States threatened
                                    increased tariffs on $3.9 billion worth of Chinese goods
                                    over market access issues. These cases resulted in bilateral
                                    agreements before tariff hikes were implemented. In
                                    October 2010, the USTR launched a Section 301
                                    investigation into Chinese policies affecting trade and
                                    investment in green technologies, and in December 2010,
                                    brought a WTO dispute settlement case against China, but
                                    only in regard to its wind power subsidies. In March 2012,
                                    the USTR initiated a WTO dispute case against China’s
                                    export restrictions on rare earth elements (used in a number
                                    of green technology products). The United States largely
                                    prevailed in both cases.




                                    As for a bit of historical background, the 1974 Trade Act was passed in the context of the Tokyo Round of GATT, and on the background of stagflation in the US, coupled with the 1973 OPEC oil embargo (itself related to Yom Kippur War).



                                    Later on, Congress tried to put some limits on the retaliatory power delegated in 1974 via section 301 (but also granted him foreign-investment stopping powers):




                                    Amendments to section 301 in 1979 established specific time lines for investigations and the final resolution of disputes. Although these amendments created a more elaborate regulatory framework for dispute settlement, they did not deprive the President of discretion regarding whether to take action. The amendments also required consultations with the government named in the petition.



                                    More amendments in 1984 defined "unjustifiable," unreasonable," and "discriminatory practices" and provided for the initiation of section 301 investigations by the USTR. The law required the preparation of an annual National Trade Estimate or NTE and
                                    permitted the President to place restrictions on foreign direct investment.



                                    The most recent amendments, in the Omnibus Trade and Competitiveness Act of 1988, transferred final decision-making authority in section 301 cases from the President to the USTR.




                                    And so goes the theory that the USTR is somewhat independent from the President. Which I think is largely ignored by the press today. Probably the fact that Trump tweets every time that the USTR does something in relation to tariffs is undoubtedly related though.







                                    share|improve this answer














                                    share|improve this answer



                                    share|improve this answer








                                    edited Apr 11 at 17:56

























                                    answered Apr 11 at 15:42









                                    FizzFizz

                                    15.4k23798




                                    15.4k23798



























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                                        대한민국 목차 국명 지리 역사 정치 국방 경제 사회 문화 국제 순위 관련 항목 각주 외부 링크 둘러보기 메뉴북위 37° 34′ 08″ 동경 126° 58′ 36″ / 북위 37.568889° 동경 126.976667°  / 37.568889; 126.976667ehThe Korean Repository문단을 편집문단을 편집추가해Clarkson PLC 사Report for Selected Countries and Subjects-Korea“Human Development Index and its components: P.198”“http://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EB%8C%80%ED%95%9C%EB%AF%BC%EA%B5%AD%EA%B5%AD%EA%B8%B0%EB%B2%95”"한국은 국제법상 한반도 유일 합법정부 아니다" - 오마이뉴스 모바일Report for Selected Countries and Subjects: South Korea격동의 역사와 함께한 조선일보 90년 : 조선일보 인수해 혁신시킨 신석우, 임시정부 때는 '대한민국' 국호(國號) 정해《우리가 몰랐던 우리 역사: 나라 이름의 비밀을 찾아가는 역사 여행》“남북 공식호칭 ‘남한’‘북한’으로 쓴다”“Corea 대 Korea, 누가 이긴 거야?”국내기후자료 - 한국[김대중 前 대통령 서거] 과감한 구조개혁 'DJ노믹스'로 최단기간 환란극복 :: 네이버 뉴스“이라크 "韓-쿠르드 유전개발 MOU 승인 안해"(종합)”“해외 우리국민 추방사례 43%가 일본”차기전차 K2'흑표'의 세계 최고 전력 분석, 쿠키뉴스 엄기영, 2007-03-02두산인프라, 헬기잡는 장갑차 'K21'...내년부터 공급, 고뉴스 이대준, 2008-10-30과거 내용 찾기mk 뉴스 - 구매력 기준으로 보면 한국 1인당 소득 3만弗과거 내용 찾기"The N-11: More Than an Acronym"Archived조선일보 최우석, 2008-11-01Global 500 2008: Countries - South Korea“몇년째 '시한폭탄'... 가계부채, 올해는 터질까”가구당 부채 5000만원 처음 넘어서“‘빚’으로 내몰리는 사회.. 위기의 가계대출”“[경제365] 공공부문 부채 급증…800조 육박”“"소득 양극화 다소 완화...불평등은 여전"”“공정사회·공생발전 한참 멀었네”iSuppli,08年2QのDRAMシェア・ランキングを発表(08/8/11)South Korea dominates shipbuilding industry | Stock Market News & Stocks to Watch from StraightStocks한국 자동차 생산, 3년 연속 세계 5위자동차수출 '현대-삼성 웃고 기아-대우-쌍용은 울고' 과거 내용 찾기동반성장위 창립 1주년 맞아Archived"중기적합 3개업종 합의 무시한 채 선정"李대통령, 사업 무분별 확장 소상공인 생계 위협 질타삼성-LG, 서민업종인 빵·분식사업 잇따라 철수상생은 뒷전…SSM ‘몸집 불리기’ 혈안Archived“경부고속도에 '아시안하이웨이' 표지판”'철의 실크로드' 앞서 '말(言)의 실크로드'부터, 프레시안 정창현, 2008-10-01“'서울 지하철은 안전한가?'”“서울시 “올해 안에 모든 지하철역 스크린도어 설치””“부산지하철 1,2호선 승강장 안전펜스 설치 완료”“전교조, 정부 노조 통계서 처음 빠져”“[Weekly BIZ] 도요타 '제로 이사회'가 리콜 사태 불러들였다”“S Korea slams high tuition costs”““정치가 여론 양극화 부채질… 합리주의 절실””“〈"`촛불집회'는 민주주의의 질적 변화 상징"〉”““촛불집회가 민주주의 왜곡 초래””“국민 65%, "한국 노사관계 대립적"”“한국 국가경쟁력 27위‥노사관계 '꼴찌'”“제대로 형성되지 않은 대한민국 이념지형”“[신년기획-갈등의 시대] 갈등지수 OECD 4위…사회적 손실 GDP 27% 무려 300조”“2012 총선-대선의 키워드는 '국민과 소통'”“한국 삶의 질 27위, 2000년과 2008년 연속 하위권 머물러”“[해피 코리아] 행복점수 68점…해외 평가선 '낙제점'”“한국 어린이·청소년 행복지수 3년 연속 OECD ‘꼴찌’”“한국 이혼율 OECD중 8위”“[통계청] 한국 이혼율 OECD 4위”“오피니언 [이렇게 생각한다] `부부의 날` 에 돌아본 이혼율 1위 한국”“Suicide Rates by Country, Global Health Observatory Data Repository.”“1. 또 다른 차별”“오피니언 [편집자에게] '왕따'와 '패거리 정치' 심리는 닮은꼴”“[미래한국리포트] 무한경쟁에 빠진 대한민국”“대학생 98% "외모가 경쟁력이라는 말 동의"”“특급호텔 웨딩·200만원대 유모차… "남보다 더…" 호화病, 고질병 됐다”“[스트레스 공화국] ① 경쟁사회, 스트레스 쌓인다”““매일 30여명 자살 한국, 의사보다 무속인에…””“"자살 부르는 '우울증', 환자 중 85% 치료 안 받아"”“정신병원을 가다”“대한민국도 ‘묻지마 범죄’,안전지대 아니다”“유엔 "학생 '성적 지향'에 따른 차별 금지하라"”“유엔아동권리위원회 보고서 및 번역본 원문”“고졸 성공스토리 담은 '제빵왕 김탁구' 드라마 나온다”“‘빛 좋은 개살구’ 고졸 취업…실습 대신 착취”원본 문서“정신건강, 사회적 편견부터 고쳐드립니다”‘소통’과 ‘행복’에 목 마른 사회가 잠들어 있던 ‘심리학’ 깨웠다“[포토] 사유리-곽금주 교수의 유쾌한 심리상담”“"올해 한국인 평균 영화관람횟수 세계 1위"(종합)”“[게임연중기획] 게임은 문화다-여가활동 1순위 게임”“영화속 ‘영어 지상주의’ …“왠지 씁쓸한데””“2월 `신문 부수 인증기관` 지정..방송법 후속작업”“무료신문 성장동력 ‘차별성’과 ‘갈등해소’”대한민국 국회 법률지식정보시스템"Pew Research Center's Religion & Public Life Project: South Korea"“amp;vwcd=MT_ZTITLE&path=인구·가구%20>%20인구총조사%20>%20인구부문%20>%20 총조사인구(2005)%20>%20전수부문&oper_YN=Y&item=&keyword=종교별%20인구& amp;lang_mode=kor&list_id= 2005년 통계청 인구 총조사”원본 문서“한국인이 좋아하는 취미와 운동 (2004-2009)”“한국인이 좋아하는 취미와 운동 (2004-2014)”Archived“한국, `부분적 언론자유국' 강등〈프리덤하우스〉”“국경없는기자회 "한국, 인터넷감시 대상국"”“한국, 조선산업 1위 유지(S. Korea Stays Top Shipbuilding Nation) RZD-Partner Portal”원본 문서“한국, 4년 만에 ‘선박건조 1위’”“옛 마산시,인터넷속도 세계 1위”“"한국 초고속 인터넷망 세계1위"”“인터넷·휴대폰 요금, 외국보다 훨씬 비싸”“한국 관세행정 6년 연속 세계 '1위'”“한국 교통사고 사망자 수 OECD 회원국 중 2위”“결핵 후진국' 한국, 환자가 급증한 이유는”“수술은 신중해야… 자칫하면 생명 위협”대한민국분류대한민국의 지도대한민국 정부대표 다국어포털대한민국 전자정부대한민국 국회한국방송공사about korea and information korea브리태니커 백과사전(한국편)론리플래닛의 정보(한국편)CIA의 세계 정보(한국편)마리암 부디아 (Mariam Budia),『한국: 하늘이 내린 한 폭의 그림』, 서울: 트랜스라틴 19호 (2012년 3월)대한민국ehehehehehehehehehehehehehehWorldCat132441370n791268020000 0001 2308 81034078029-6026373548cb11863345f(데이터)00573706ge128495