• 경영과정보연구
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• 제21권
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• pp.77-98
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• 2007

This thesis is related with Anti-dumping law about Korea's export in EU. Indeed, Korea' export to EU market is how related to EU's Anti-dumping law this study was intended to reveal from a legal point of view. For this purpose from EU's Anti-dumping law's institution at present to application historical channel was examined and is showed Anti-dumping law's application procedure briefly. Throughout this study what we could get are EU's Anti-dumping law based on a statute, EU's Anti-dumping law's institution background and the law's application procedure & effects.

• 무역학회지
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• 제47권5호
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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.

• 통상정보연구
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• 제12권3호
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• pp.361-387
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• 2010

China has been the number one target of anti-dumping cases. In the middle of 1990s, China began to make anti-dumping rules to protect its domestic markets. The first anti-dumping regulation was mentioned in 1994 and the anti-dumping and anti-subsidy regulation was published in 1997. In 2001, China entered into the WTO and as a member of WTO, China is obliged to revise its anti-dumping rules in accordance with WTO's requirements. After that China amended anti-dumping rules in 2004 and it is still valid. Even though China makes considerable efforts to make the rules to be consistent with WTO Rules, China is still facing various difficulties such as lack of transparency, absence of definite deadlines, mismatch between rules, lack of clear interest criteria, overly hard questionnaires and inadequacy of judicial review and non-market economy. This paper deals with the current situation of anti-dumping system in China and the scheme of antidumping law and regulations and the main contents of that law and regulations. The purpose of this paper is to contribute to the enhancement of China's anti-dumping rules by studying the problems and solutions of the anti-dumping rules in China.

• 무역상무연구
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• 제31권
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• pp.155-183
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• 2006

Recently, the anti-dumping actions of China are becoming aggressive, resulting in the speculation that Korea's trade surplus to China will be reduced. Anti-Dumping Actions by the Chinese Government are also becoming harsh. According to KOTRA, 18 anti-dumping actions were taken by the Chinese government against Korean products. The Chinese government has opened two additional cases of dumping investigations again Korean products 2005 as well. Therefore, Korea will likely face more trade restrictions in the form of anti-dumping in China Accordingly, the Accused party need to understand Anti-Dumping Act of China. The trade related authorities are monitoring on the China related information, and builds system barring Anti-Dumping Actions. Also, companies strongly export the differential products to the China.

• 통상정보연구
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• 제16권1호
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• pp.117-142
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• 2014

반덤핑제도는 정상가격 이하로 판매되는 덤핑 수입으로 인해 야기되는 국내 산업에 대한 피해를 구제하기 위한 관세조치로서, 상계관세제도, 세이프가드와 함께 대표적인 무역구제 제도이다. 중국의 경우 반덤핑 관련 법령에서 행정재심사 관련 내용을 포함하고 있는 법령으로는 '반덤핑조례', '반덤핑신규수출 자재심사 잠정규칙', '반덤핑 관세 환급 잠정규칙' 등이 있다. 중국의 반덤핑제도는 2002년 첫 조사 개시가 이루어진 후 2004년부터 시작하여 사건 수가 점차 많아지고 있다. 그러나 중국의 반덤핑조례가 금번 개정을 거쳐 구 조례에서 문제점으로 지적되어 오던 실효성과 구체성의 결여를 상당 부분 보완하는 등 획기적인 발전을 거두고 있다는 것 또한 부정할 수 없다. 동 조례는 기본적으로 WTO반 덤핑협정의 내용을 대부분 수용하고 있으며 일부 내용은 미국, EU등 선진국의 관련규정을 참조하여 도입하고 있다. 이러한 변화는 선례를 통한 예측 가능성을 보다 향상시키고 있다. WTO 가입을 계기로 중국은 WTO규범에 일치시키기 위해 국내법에 대해 폐지, 개정 작업을 하고 있다. 반덤핑법도 그 중의 한 부분이지만 WTO규범에 완전히 일치하는 제도적 장치를 마련하기까지는 많은 경험과 시간을 필요로 할 것으로 보인다.

• 무역상무연구
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• 제42권
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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.

• 무역상무연구
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• 제38권
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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.

• 무역상무연구
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• 제30권
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• pp.145-174
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• 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.

• 통상정보연구
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• 제13권4호
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• pp.323-349
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• 2011

중국은 WTO 회원국으로써 WTO 협정에서 정하고 있는 반덤핑 제도 관련 규범 및 기타 각종 규범들을 여타의 WTO 회원국과 마찬가지로 국내법과 제도운용에 있어서 WTO의 그것과 합치시켜 운용할 의무가 있다. 그럼에도 불구하고 중국 정부의 반덤핑 법규는 덤핑마진의 산정, 경미수입물량에 대한 조사 종결기준, 일몰재심 등과 관련된 세부규정에 미흡함을 지적받고 있어 법적 불확실성을 초래하고 있다. 또한 가격약속과 관련된 규정들 중 일부 규정은 WTO 협정과 일치하지 않는다. 그러므로 우리정부는 단독 혹은 WTO 여타 회원국과 함께 중국 정부에게 반덤핑 법규를 WTO 관련 협정에 부합 되도록 개정해 줄 것 을 요구함과 동시에 중국 정부가 자의적으로 운용할 여지가 있는 모호한 규정들을 구체화시켜 줄 것 을 요구해야 한다. 이와는 별도로 우리나라는 중국이 반덤핑 제소를 개시하면 WTO 관련 협정과 차이가 나는 중국의 반덤핑 법규를 중국 당국이 어떻게 적용하는 지에 대해 면밀히 파악하여, 규정상의 모호성을 WTO 관련 협정의 내용과 부합되게 적용하는지 혹은 위배되는 적용을 하는지에 대하여 초점을 맞추어 그 대응책을 준비해야 한다.

• 무역상무연구
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• 제10권
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• pp.449-511
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• 1997