• Korea Trade Review
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• v.47 no.5
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• pp.223-240
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• 2022

Anti-circumvention rules were discussed profoundly during the Uruguay Round and the DDA negotiations, although WTO members failed to reached an agreement to introduce it to the WTO Anti-Dumping Agreement. However, as the cases of circumvention of anti-dumping duties increase, a number of countries have enacted anti-circumvention regulations as part of their anti-dumping laws. This study aims to analyze anti-circumvention rules from the perspective of WTO law. After overviewing the object and purpose of anti-dumping and anti-circumvention regulations, it examines anti-circumvention regulations of the US, the EU, and India. Next, the study explores the possible WTO-inconsistent aspects of those regulations. Then, it discusses whether it would be preferable for countries not equipped with anti-circumvention regulations, such as Korea, to have one. Thereafter, this study proposes Korean government to introduce anti-circumvention rules into its anti-dumping law.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.38
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• pp.265-302
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• 2008

This paper intends to analyse some legal issues on "Zeroing" which is based on the article 2.4.2 under the WTO Anti-dumping Agreement. "Zeroing" stands for a specific methodology in calculating a general dumping margin for a product in question under which negative individual dumping margins are treated as zero (thus "zeroed") before aggregating all individual dumping margins. The article 2.4.2 of the Anti-dumping Agreement regulates three types of calculating methodology on dumping margin as first symmetrical method(average-to-average: A-A), second symmetrical method(individual-to-individual: I-I) and asymmetrical method(average-to-individual: A-I). However, this article does not have any provisions about the "Zeroing" practice. In their anti-dumping practices, the EC and the United-States calculated dumping margin based on the "Zeroing", but this methodology has been disputed in the Dispute Settlement Body(DSB) of the WTO. This paper analysed their legal problems with some WTO cases in particular concerning EC-Bed Linen, U.S.-Softwood Lumber Zeroing, U.S.-Zeroing(EC) and U.S.-Sunset Review(Japan) cases. On the basis of theses analysis, we can therefore ask some questions as follows; To begin with, although the article 2.4.2 of the WTO Anti-dumping Agreement does not clearly refer to the "Zeroing", how do some developing countries, as the U.S.A and the E.U. calculate dumping margin as the "Zeroing"? Secondly, what is the relationship between the symmetrical method and asymmetrical method to the dumping margin? And if we adopt the zeroing method, what is the different rate to anti-dumping margin? Thirdly, although the Panel decided that the zeroing methodology of dumping margin used by th U.S.A in administrative review between the U.S.A and the E.U, why does the Appellate Body made the decision that the american methodology is incompatible with the WTO Anti-dumping Agreement? Lastly, what will be affected the upper decision taken by the Appellate Body to the DDA negotiation of anti-dumping matters? Even though the WTO Appellate made a decision that the zeroing method is incompatible with the principles of the WTO law, this methodology contains a lot of problems. Some members of the WTO as the U.S.A and the E.U did not officially declare this methodology to abandon, and the debate concerned is arguing. Therefore this paper tried to present the adequate solution in order to promote the zeroing methodology in the international anti-dumping system and practices.

• Korea Trade Review
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• v.46 no.4
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• pp.113-130
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• 2021

This study aims to analyze the WTO-inconsistent aspects of the single rate presumption of the United States in establishing and imposing anti-dumping duties for non-market economy exporters. By examining the drafting history in the GATT/WTO negotiations and the practice of the single rate presumption for non-market economies by the United States from a comparative perspective, it critically addresses the inherent lack of pertinent disciplines under the framework of the WTO Anti-Dumping Agreement in establishing dumping margins for exporters of non-market economies. The WTO Dispute Settlement Body leaves open the possibility of allowing the investigating authority to consider multiple exporters and the exporting country as a single entity. However, the study argues that it is difficult in practice for the investigating authority to make a single-entity decision in a WTO-consistent manner. The study also finds an incompatibility in the notion between establishing dumping margins for 'individual' exporters and 'non-market economies.' A proper discipline for non-market economies under the multilateral anti-dumping norm needs to be reconsidered in the era of persistent trade conflicts between the United States and China.

• 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.

• International Commerce and Information Review
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• v.15 no.2
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• pp.233-260
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• 2013

Regional Trade Agreements(RTAs) are a prominent feature of the multilateral trading system and have been an important trade policy tool for WTO Members. RTAs has been steadily increasing over the last ten years and this trend will be further strengthened by the many RTAs being proposed and those currently under negotiation. There has been a recent increase in the Regional Trade Agreement (RTA) making it necessary to determine the most effective method for taking advantage of anti-dumping measures between member countries of the RTA. Due to the complexity of anti-dumping laws and abuse of discretion by each nation, however, the basic goal of the RTA has not come to fruition. The results of this study found that the strengthening of anti-dumping measures in the RTA is desirable. A plan to use competition instead of anti-dumping measures must be implemented. For Korea, it will be necessary to develop the fundamentals for the globalization of competitive rules to keep pace with the continuous expansion of FTA.

• International Commerce and Information Review
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• v.16 no.3
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• pp.465-486
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• 2014

This paper intends to analyse some legal issues on US-Orange Juice Case. Brazil's WTO challenge is to the methods undertaken by US in calculating antidumping duties in administrative reviews of Brazilian Orange Juice. Panel resulted that conforms with earlier Appellate Body decision outlawing the use of 'weighted average to transaction zeroing. This paper note that panel's stance was driven from 'stability and predictability' within the DSB system. There was a de facto form of stare decisis. However, Panel in US-Orange Juice recognized that Appellate Body decision is wrong about finding zeroing to be violation of the fair comparison requirement of the Article 2.4 of the WTO Anti-Dumping agreement. Zeroing dispute of WTO Anti-Dumping Agreement will be continued that because this matter. Fortunately, the American government announced it would be stop zeroing system of administrative reviews. As result, Carefully, We anticipate that US-Orange Juice's decision is the end of zeroing method on the WTO Anti-Dumping Agreement.

• East Asian Economic Review
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• v.26 no.2
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• pp.95-117
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• 2022

This paper empirically examines what factors affected the termination of anti-dumping measures in Korea during the 2006-2019 period. Employing a meticulous literature review, the paper investigates the WTO's and Korea's rules on the termination of anti-dumping measures and sets up the related variables in the Cox proportional hazards model. The empirical results show that the GDP growth rate, employment, and trade competitiveness in domestic industries had positive effects on the hazard of the termination of AD measures, while free trade agreements had negative effects. By industry, the hazard of the termination of AD measures was less prominent in the steel industry, while it was more prominent in the machinery industry. These results imply that AD measures in Korea had the properties of a proper trade remedy policy and, at the same time, a protectionism tool to sustain its domestic industries, depending on industrial characteristics and other trade policies.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.337-364
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• 2009

Trade remedy is the system that additional duty or import quantity restriction would be imposed on the import products, in case that unfair imports damage domestic industry or even proper import products damage significantly domestic industry. The system is secured by the act of unfair trade practice investigation & industrial damage remedy, tariff act, WTO agreement. Anti-dumping duty act is the system that duties are assessed with the equal or less amount of the difference between normal transaction price and dumping price, in case that the product imported under dumping price causes or may cause damages in domestic industry, or the development of domestic industry should be delayed practically. Recently, the problems related with anti-dumping duty imposed as the part of the trade remedy occur frequently. It is necessary to discuss whether the anti-dumping duty act is practically trade remedy which does comply with GATT regulations and WTO agreements as the criteria of international law and is in line with the intent of domestic act in the suffered country, or it does return to protective trade or reduce the protection of consumer. On the basis of this discussion, it would be difficult to impose the antidumping duty on industrial products in order to protect domestic industry, when considering the expected free trade agreements of Korea-US, Korea-China and Korea-Japan. In order to survive under the current severe competition of world trade market, companies should raise the competitiveness by themselves without relying on the current trade acts to provide with a certain protection. This thesis should bring those attentions.

• 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.

• East Asian Economic Review
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• v.21 no.3
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• pp.231-257
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• 2017

The particular market situation provision of the WTO Antidumping Agreement is increasingly invoked against what may be described as "input-dumping," but this potentially violates the current Antidumping Agreement rules. This paper examines the practice and recent changes regarding the PMS provision in the US by critically examining relevant antidumping investigations in the US in light of GATT/WTO jurisprudence. Such US practice has not yet been extensively subjected to scholarly examination. The paper finds that the recent legal change in the US widens the scope and applicability of the PMS provision to cover input subsidies, allowing the use of not only surrogate prices but also surrogate costs. Further, the required standard of evidence to find PMS seems to have been diminished in the recent application. A widespread use of the PMS provision in such a deviant way calls for a fundamental review of the current trade remedy rules of the WTO.