• International Area Studies Review
• /
• v.16 no.3
• /
• pp.269-291
• /
• 2012

Analyzing EU trade laws and institutional systems, the trade policy of EU has been founded, undoubtedly, on common interests for EU members. EU trade policy leaves room for 'Collective Protectionism' by permitting legal persona or interesting group to raise anti-dumping procedures. The anti-dumping policy of EU has shown a protectionism itself and has been affected by political motives. Investigation against anti-dumping can easily open and also there exists a wide range of political involvements. Furthermore, anti-dumping policy could be misused for protecting declining industries, which lost comparative advantage in global market. Economic theories show that anti-dumping measures divert import from outsider into insider members, which finally results in increasing intra-production of EU. This is exactly the reason why the anti-dumping policy has become attractive trade policy.

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

• Asia Pacific Journal of Business Review
• /
• v.3 no.2
• /
• pp.67-87
• /
• 2019

Anti-dumping instruments among trading partners have been the subject of research by both academicians and practitioners. This study attempts to establish an early-warning model of anti-dumping against Chinese textile exporting companies, which have suffered from anti-dumping regulations and got arbitration awards. After reviewing theories of anti-dumping arbitration, early-warning and relationship marketing, the measuring items and relationship marketing model of Chinese textiles exporters are investigated. Empirical methods are selected based on early-warning theories of companies. Eighty percent of 156 valid questionnaires by surveys and interviews are used as training data via Binary-Logistic regression while the other twenty percent are validated in the model. As a result, a proper early-warning model has been established.

• East Asian Economic Review
• /
• v.26 no.2
• /
• pp.95-117
• /
• 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
• /
• v.30
• /
• pp.145-174
• /
• 2006

An anti-dumping has become the trade policy of choice for developing countries as well as advanced countries, hence it is the impending issue to the export-oriented countries including Korea. After colligating the analysis on the trade and industrial policy between Korea and China as well as the analysis on the preceding research, the main reasons of anti-dumping were selected as followings; an unemployment rate, real GDP growth rate and consumer price increase as internal factors, and trade balance, regional coefficient and trade specification index as external factors. Then, the research on how the above seven variable factors can affect the number of anti-dumping measures was accomplished. For the empirical analysis, the above information was used after reorganizing them by on the quarterly basis. Through the use of the correlation analysis, backward elimination of multiple regression analysis model and time-series analysis, it has appeared that the unemployment rate appeared to be the most important factors of anti-dumping measures in addition to the increase rate of trade balance. The variable such as the unemployment rate is uncontrollable for us, so it is appropriate to establish and operate an preemptive monitoring system based on the increasing rate of the amount of export and increasing rate of trade surplus.

• International Commerce and Information Review
• /
• v.13 no.4
• /
• pp.323-349
• /
• 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
• /
• v.13 no.3
• /
• pp.301-323
• /
• 2011

There have been 20 cases of trade disputes related to zeroing in WTO. In these day, it was judged that the use of zeroing in the calculation of dumping margin is against ADA. Recently, WTO decided in favor of Korea in regards to Korea's stainless steel products on January, 2011. There finally was a high possibility of zeroing being changed. In December 2010, the American government announced it would revise zeroing system through an federal register. Many researchers, such as Linsey and Ikenson(2000), William W. Nye(2009) already clarified through empirical analysis that no use of zeroing leads to a large decline in the margin of dumping. If zeroing is abolished in the future, the margin of dumping imposed on Korea's stainless steel will drop sharply. According to this empirical study, the margin of dumping in 6 stainless steel among 12 products commodities subject to Anti Dumping regulation from US reduced below de-minimis or 3%. These stainless steel is likely to be excluded from the Anti Dumping regulation through review investigation and Korea's export of steel to America is expected to be increased steeply in the future.

• International Commerce and Information Review
• /
• v.15 no.2
• /
• pp.233-260
• /
• 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
• /
• v.16 no.3
• /
• pp.465-486
• /
• 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.

• Journal of Korean Electronics
• /
• v.10 no.4
• /
• pp.68-70
• /
• 1990