Korea Trade Review (무역학회지)

Korea Trade Research Association (한국무역학회)
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Korean Countermeasures against the Anti-Evasion, Anti-Circumvention in US

미국의 우회덤핑방지제도와 회피방지제도에 대한 우리나라의 대응방안

  • Oh, Byung-Seok (Department of International Trade, Hyupsung University)
  • 오병석 (협성대학교 국제통상학과)
  • Received : 2019.12.08
  • Accepted : 2019.12.16
  • Published : 2019.12.31
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Abstract

Circumvention refers to the situation in which exporters try to circumvent import restrictions by setting up factories in third countries and assembling and producing parts locally. Circumvention dumping eliminates the impacts of existing anti-dumping measures, and major countries are introducing anti-circumvention dumping laws to address this problem. If the act of the exporting country is recognized as a circumvention dumping activity, anti-dumping duties are applied retroactively to the imported goods or components. Evasion is an act of importation that results in the reduction or non-application of cash deposits, securities, or anti-dumping or countervailing duties, in a manner that is substantive or false, substantive or omission. In this article, we reviewed the contents and examples of the anti-circumvention measures by the US Department of Commerce (DOC), the International Trade Commission (ITC), and the Anti-Evasion measures by the CBP. The CBP examples show how much inference can be made about which parts of the CBP's investigations, and in what ways. The enactment of the EAPA created an environment in which the role of the CBP was directly guaranteed, and it was possible to apply adverse inferences to those who did not respond to requests for information, resulting in stronger CBP's authority. Therefore, it is advisable for Korea to examine the introduction of domestic laws, such as the bypass anti-dumping system, in order to cope with unfair trade practices that undermine and neutralize the effects of anti-dumping measures.

Keywords

Acknowledgement

This paper was created by funding from Hyupsung University

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