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WTO Consistencies of Applications of Adverse Facts Available under Antidumping/Countervailing Duty Laws - An Example of the Trade Preference Expansion Act of 2015 -
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반덤핑/상계관세법상 “불리한 가용 정보 적용”의 WTO 합치성 : 미국 2015년 무역특혜확장법(TPEA) 적용을 중심으로

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Type
Academic journal
Author
Chang, Seung-Wha (서울대학교)
Journal
KOREAN SOCIETY OF INTERNATIONAL ECONOMIC LAW Korean Journal of International Economic Law Vol.15 No.3 KCI Accredited Journals
Published
2017.11
Pages
7 - 44 (38page)
DOI
10.46271/KJIEL.2017.11.15.3.7

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WTO Consistencies of Applications of Adverse Facts Available under Antidumping/Countervailing Duty Laws - An Example of the Trade Preference Expansion Act of 2015 -
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Abstract· Keywords

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The Commerce Department of the United States has aggressively applied ‘adverse facts available’ in the context of antidumping/countervailing duty investigations since it enacted the Trade Preference Expansion Act of 2015. As a result, since last year, major Korean exporting enterprises have become subject to antidumping/countervailing duties as high as 60% ad valorem. Representative examples are antidumping measures against Hyundai Heavy Industry(HHI)’s large transmitters and countervailing measures against POSCO’s cold/hot-rolled steel. This paper aims to interpret the requirements and legal standards for applications of adverse facts available under Article 6.8(Annex 2) of Antidumping Agreement and Article 12.7 of the Subsidies Agreement in light of the WTO Appellate Body’s jurisprudence. Then, this paper demonstrates why and how the U.S. antidumping and countervailing measures against HHI and POSCO, respectively, constitute violations of the above WTO provisions. Also, this paper analyzes whether the TPEA, which provides for legal basis of such aggressive resort to AFA provisions, may be challnged as such in the WTO dispute settlement. This paper closes with some trade policy suggestions for the Korean government.

Contents

Ⅰ. 들어가며
Ⅱ. 반덤핑/보조금협정상 가용 정보(Facts Available)의 활용
Ⅲ. 포스코 및 현대중공업에 대한 ‘불리한 가용정보(AFA)’ 적용의 WTO 합치성
Ⅳ. TPEA 상의 AFA 관련 규정에 대한 “as such” 제소 가능성
V. 맺음말
〈참고문헌〉
국문초록
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UCI(KEPA) : I410-ECN-0101-2018-361-001551738