• Title/Summary/Keyword: 반덤핑규정

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A Study on the Comparison Between China's Anti-Dumping System and WTO Agreement (중국 반덤핑 법규와 WTO 규범과의 적합성 비교 연구)

  • Shin, Sung-Shik;Choi, Hae-Bum
    • International Commerce and Information Review
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    • v.13 no.4
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    • pp.323-349
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    • 2011
  • As China is one of WTO member nations, It has an obligation to have to certainly keep a standard regarding anti-dumping systems deciding in WTO agreements. Nonetheless the Chinese anti-dumping laws is causing legal uncertainty because of insufficient details regulations about the account of dumping margins, the termination of an investigation in case of negligible imports, and sunset review And a part of regulations are disagreed with WTO anti-dumping agreement about price undertakings. Therefore, South Korea should indicate them and urge the Chinese government to revise them so that its anti-dumping Law is agreed with WTO agreement. Aside from this, if the anti-dumping investigation is initiated, South Korea government must observe how the Chinese authorities operates its anti-dumping law that do not agree with WTO agreement, and should prepare the countermeasure accordingly. The analysis of this study is concentrated on the compatibility of the WTO anti-dumping agreement with China's interpretation of the antidumping policy and public law. Also, Including our export company, government agencies, academic circles being related, and international trade advisory agencies must expand opportunity of information sharing.

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A Study on the issues and measures of the China's Anti-dumping law (중국의 반덤핑 제도 과제와 대응방안)

  • Oh, Moon-Kap
    • International Commerce and Information Review
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    • v.16 no.1
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    • pp.117-142
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    • 2014
  • China having largest market in the world, has been criticized by its trading partner countries due to its unfair trade practices, particularly in the field of anti-dumping regulation. The main reasons for such criticism seem to come from the incomplete anti-dumping law as instrument to protect the industry concerned. In 2001, though new anti-dumping law was established to replace the former one by revising it to meet the needs for economic development which should be secured for china to take part in the competition world as the new member of WTO. The provisions concerned have been evaluated not to be sufficient and efficient from the viewpoint of the safeguard mechanism, while are required to be modified to meet the real world of international trade law. I consider that as the biggest partner of chinese trade activity, we will need to maintain a well understanding of the Chinese anti-dumping regulations. So this report conducts the Chinese anti-dumping regulations, compares between the chinese regulations and the WTO agreement, and studies deeply in to the problems and the improvements of the Chinese anti-dumping regulations.

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Study concerning the survey scope of the product for the Application of the U.S. Antidumping Law (미국반덤핑법 적용을 위한 상품의 조사범위에 관한 연구)

  • Han, Na-Hee;Ha, Choong-Lyong
    • International Commerce and Information Review
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    • v.13 no.4
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    • pp.375-397
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    • 2011
  • Having ahead the Korea-US FfA come into effect by beginning of the 2012, the interest to U.S. trade law has been highly increased. The abuse of U.S. antidumping measures, especially, have been alleged by many developed countries, that's why it need to be studied. For initiating antidumping investigation, the scope of "subject merchandise" has to be determinated. But there is no regulation about the term "subject merchandise(or product under consideration)" on WTO Antidumping Agreement as well as U.S. Antidumping Law. U.S. antidumping law defines domestic like product as "a product that is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title". Thus, the reference point from which the like product analysis begins is "the article subject to an investigation". The Department of Commerce should interpret the subject merchandise in accordance with customary rules, beginning with its ordinary meaning. The note of caution is that the DOC generally exercises 'broad discretion to define and clarify the scope of an antidumping investigation in a manner which reflects the intent of the petition. This paper investigates the survey scope of product in U.S. antidumping law through related regulations and cases. In addition, it was carefully examined because the scope of subject merchandise has effect on antidumping duty order.

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A Study on The Korean Trade Remedy System under the FTA and the Negotiation of Trade Remedy in Korea-China FTA (FTA체제 하(下)에서의 한국의 무역구제제도 및 한·중FTA 무역구제 협상)

  • Kim, Yong-Duk;Kim, Su-Mi
    • International Area Studies Review
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    • v.13 no.2
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    • pp.573-600
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    • 2009
  • Currently, the Free Trade Agreement(FTA) promoting regionalism or bilateralism has been increasingly concluded, which is against multilateralism of the WTO. The adoption of the TRS under the FTA carries various issues from the rationale of its existence to its contents. To explain these contradictory issues between the WTO and the FTA, this paper studied on the TRS by analyzing present cases and negotiation results of the TRS under the FTA and comparing them under the WTO. The TRS under the WTO agreement is limited only to antidumping, countervailing duties and safeguard as the agreed concept. When the negotiations of the FTA are on the process, it is necessary to adopt the TRS depending on the negotiating party countries of the FTA after considering fully the economic situations of Korea and the need of protection for the domestic industries. Currently, Korea has entered into the FTA with several countries and most of the agreements with respect to the TRS maintain and observe the right and duty in the WTO agreement and when necessary, in some of the FTA agreements, they have changed parts of the TRS. Consequently, it is needed to establish the basis for application of the TRS. Also, additional application of the SSG provision to some sensitive goods is highly recommended.