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is authorized to grant to public or private corporations the privilege of establishing a zone.
Regulations covering the establishment and operation of foreign trade zones are issued by the
Foreign Trade Zones Board, while U.S. Customs Service regulations cover the customs
requirements applicable to the entry of goods into and the removal of goods from these zones.

1.1.8 Anti-Dumping Law

The U.S. anti-dumping law (19 U.S.C. §§ 1671-1677) provides that if a foreign manufacturer
sells goods in the U.S. at less than fair value and such sales cause or threaten material injury to
a U.S. industry, or materially retard the establishment of a U.S. industry, an additional duty in an
amount equal to the “dumping margin” is to be imposed upon the imports of that product from
the foreign country where such goods originated. Under the statute, sales are deemed to be
made at less than fair value if they are sold at a price which is less than their “foreign market
value” (which generally is equivalent to the amount charged for the goods in the home market).
The dumping margin is equal to the amount by which the foreign market value exceeds the
U.S. price.

The Secretary of Commerce is charged with determining whether merchandise is being sold at
less than fair value in the U.S. The International Trade Commission makes the determination of
whether such sales cause or threaten material injury to a U.S. industry.

1.2 Federal Antitrust Laws
The antitrust laws of the United States are primarily reflected in five federal statutes: the Sherman Act,
the Clayton Act, the Robinson-Patman Act, the Federal Trade Commission Act, and the Hart-Scott-
Rodino Act.

1.2.1 The Sherman Antitrust Act of 1890

The Sherman Act is divided into two primary sections. Section 1 prohibits contracts,
combinations, and conspiracies made in restraint of trade. Section 2 prohibits unilateral and
combined conduct that monopolizes or attempts to monopolize trade. Under the Sherman Act,
some restraints are “per se” unreasonable (such as price-fixing agreements between competi-
tors) and others are subject to analysis under a “rule of reason” (such as some restrictions
placed on a distributor by a manufacturer). Restraints subject to the “per se” rule are never
permitted, while those governed by the “rule of reason” test will be evaluated on a case-by-
case basis.

1.2.2 The Clayton Act of 1914
The Clayton Act prohibits certain specific anticompetitive activities. For example, the Act
prohibits some corporate mergers, exclusive dealing contracts, and agreements under which
one product is sold subject to the requirement that the purchaser also buy another product
from the seller (known as a “tying” arrangement).

1.2.3 The Robinson-Patman Act of 1936

The Robinson-Patman Act prohibits a seller from discriminating (or inducing others to
discriminate) among competing purchasers in the price charged for commodities “of like grade
and quality.” While the Act focuses on price discrimination, it also addresses other concerns
such as discriminatory advertising allowances.

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